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I 

I 



THE 



RAILWAY RATES 



AHD TBM 



CAEEIAGE OP MERCHANDISE BY RAILWAY: 



OraLITDDia IBB 



PROVISIONAL ORDERS OF THE BOARD OF TRADE, 
AS SANCTIONED BF PARLIAMENT, 



OOKTAUCDf O THB 



Classiflcatioii of Traffic and Schedule of Maxtmnm Bates 

and Charges applicable to the Bailways of 

Great Britain and Ireland. 



BY 

H. R. DARLINGTON, M.A., LL.M., 

07 LDIOOLH'8 mr, BABBUSIB-lI-Llir. 



• • . • » 



. ». ■■ ■• "- * * 



LONDON: 

STEVENS AND SONS, LIMITED, 
119 ft 120, OHANCEEY LANE, 

1893. 



.J3 



Zj 






• » » 






LONDON: 
FBZNTED BT 0. F. BOWOBTH, OBBAT NSW 0IBBIST, FBITEB LANB, B.O. 






PEEFACE. 



In compiling this book the object of the Author 
has been to set forth in a convenient and acces- 
sible form the Law relating to the Carriage of 
Goods by Railway. 

With this view the book has been divided into 
Two Parts. The First Part deals with the statu- 
tory enactments and decided cases relating to the 
carriage of goods, while the Second Part comprises 
the Provisional Orders of the Board of Trade as 
to Railway Rates and Charges on the Railways 
of Great Britain and Ireland as they have been 
confirmed by the various Acts of Parliament of 
the years 1891 and 1892. 

The chapters on the general Law relating to 
the Carriage of Goods have been kept as concise 
as possible, and although it is hoped that the 
main points of principle have been fairly covered, 
an exhaustive treatise has not been intended. 

The last chapter in the First Part of the book 
deals with Arbitrations under the Board of Trade 
Arbitrations Act, 1874, and the Arbitration Act, 
1889. This has been introduced in consequence 
of the number of compulsory references to arbi- 
tration provided for by the general conditions of 
the Provisional Orders. 

In the Second Part, which deals with the Pro- 
visional Orders, the plan adopted has been to 

«2 

21409 






IV PREFACE. 



consider, first, those provisions which are common 
to all the companies, and afterwards those which 
are special to particular schedules or companies. 

The number of Railways dealt with in these 
Provisional Orders is considerable, the mere 
enumeration of them occupying some seventeen 
pages of this book, and in the case of the smaller 
Railways it may sometimes be difficult to ascer- 
tain by what schedule a particular Railway is 
governed. It is hoped, however, that in such 
cases the Index of these Railways may be of 
service; and that the Table of Contents and 
Index, together with the cross-references intro- 
duced into the text, may allow easy reference 
from one part of the book to another. 

In order to afford a ready comparison of the 
maximum powers of the different companies, a 
synopsis of the Maximum Rates contained in the 
Provisional Orders has been prepared, and will 
be found in the Appendix ; as also will Tables of 
all the more important Maximum Rates worked 
out for distances up to 200 miles. While in 
another Table the mileage and other allowances 
of the different Companies are collected. 

In the body of the text the reference given to 
cases cited is that of the authorized reports. In 
the Index of Cases, however, the references to 
contemporary reports also axe collected. 



H. R. D. 



10, Ksw Court, Cabbt Stbeet, 
December t 1892. 



( V ) 



TABLE OF CONTENTS. 



PAQB 

• • • 

lU 

Tahlb of Casbb ix 

Table ow Statdtbb xxxv 

INTRODUCTION. 

Thb Railway Rates Pboyisional Obdbbs 1 



Part the First. 

THE LAW RELATING TO THE CARRIAGE OP 
MERCHANDISE BY RAILWAY. 

Chap. I. — ^Thb Railway and Canal Cojoossion 6 

II.— The Boasd op Tbadb 12 

III. — Due akd Rkasonable FAcmnES 15 

IV. — The Equality Claitse akd Undttb P&efebsnoe 32 

y. — Thbouoh Rates and Thbouoh Routes 63 

VI. — Rates and Chaboes ajvd the Ditibiom op Rates 79 

VII. — A Railway Cohpaey's Lien fob Unpaid Rates and 

Tolls 97 

VIII. — ^Railway Companies and theib Liability as Common 

Cabbiebs 101 

IX. — ^The Cabbiebs Act and the Limitation op the Liability 

OP Cabbiebs pbovided thbbeby 118 

X. — Special Contbaots and Section 7 op the Railway and 

Canal Tbappio Acrr, 1864 132 

XI. — EzpLosiYES AND Danoeboxts Goods 145 

XTT. — Abbitbationb undeb the Boabd op Tbade Abbitbationb 

Act, 1874, and the Abbttbation Act, 1889 147 



Vi TABLK OF CONTENTS. 



Part the Second. 

PROVISIONAL ORDERS OF THE BOARD OF TRADE AS 
SANCTIONED BY PARLIAMENT, CONTAININa THE 
CLASSIFICATION OF TRAFFIC AND SCHEDULE OF 
MAXIMUM RATES AND CHARGES APPLICABLE 
THERETO. p^^jjj 

The CoNvmoNa Act •• 179 

Obdbb op thx Boabd of Tbadb 181 



ENGLISH AND WELSH RAILWAYS. 

GENERAL CONDITIONS 182 

Maximum Rates and Charges, 

Past I. — Goods and Minerals. [See Spjeoial Pboyibioii8.] 

II.— Animal Class 208 

III.— Carriages 209 

IV.— Exceptional Class 210 

v.— Perishable Merchandise by Passenger Train 211 

VI. — Small Parcels by Merchandise Train 214 

SPECIAL PROVISIONS. 
Including Maximum Rates and Charges for Goods and Minerals. 

Abbotsbury Railway 217 

Brecon and Merthyr Tydfil Railway 223 

Cambrian Railway 227 

Cleator and Workington Junction Railway 229 

East London Railway , 233 

Festiniog Railway 238 

Fumess Railway 242 

Great Eastern Railway « 246 

Great Northern Railway , , 249 

Great Western Railway , . , , , 254 

Hull, Bamsley and West Riding Junction Railway , 262 

Isle of Wight Railway 263 

Lancashire and Yorkshire Railway 264 

London and North Western Railway , , , , 267 

London and South Western Railway , 277 



TABLB OF OONTENTS. TU 

PAOB 

London, Brighton and South Coast Railway 28 1 

London, Chatham and Dover Railway 285 

London, Tilbury and Southend Railway 290 

Manchester, Sheffield and Lincolnshire Railway 292 

Metropolitan Railway , 296 

Midland Railway. 301 

Midland and South Western Junction Railway 804 

North Eastern Railway 306 

North London Railway , 314 

North Staffordshire Railway 315 

South Eastern Railway 818 

Taff Vale Railway 322 



lEISH EAILWATS 827 



SCOTCH EAILWATS 385 

QsxnsRAii Coin>rnoN8 , 836 

Maxixxtm Rates ajsd Cbabges 344 

SpECIAI. PBOVIBIOirB — 

Caledonian Railway • 346 

Callander and Oban Railway 351 

City of Glasgow Union Railway 852 

Glasi^w and South Western Railway 353 

Great North of Scotland RaUway 355 

Highland Railway 367 

North British RaUway 359 



CLASSIFICATION OF MERCHANDISE TRAFFIC 865 



ALPHABETICAL CLASSIFICATION OF MERCHANDISE 
TRAFFIC 40* 



• •• 



Till TABLB OF OOKTENTS. 



APPENDICES. 



APPENDIX A. PAOB 

Obdeb of Boabd 07 Tbadb as to KonoE of intentxon to inobsasb 
Baxbb 4 451 



APPENDIX B. 

Stnofszs 07 MAznnTX Eatbs — 

English and Welsh Railways 453 

Irish Bailwajs • • 458 

Scotch Railwajs , 459 

Table of Eztba Ghaboes ob Allowakobb — 

English and Welsh Bailwajs , 461 

Irish Railways 463 

Scotch Railways 464 



APPENDIX 0. 
Gebtain Pbotisionb 07 Pbivate Acts of Sootoh Railwatbzzfbesblt 

PBBSEBTED •••.•••• • »•••...• 465 



APPENDIX D. 

Soke of the xobe dcpobtant Ck>irvETAN0E Rates wobiced out fob 

DiSTAKOES UP TO 200 MiLES 471 



INDEX OF RAILWAYS. 

Alphabetioal List of Railwats with bbfebence to the Schedule 

BT which each IB OOVEBNED — 

English and Welsh Railways 629 

IrifJi Railways «... 544 

Scotch Railways • 545 



GENERAL INDEX 547 



( ix ) 



TABLE OF CASES. 



PLAINTIFFS. 

PAGB 

Aberdeen Commercial Co. f. Qi, North of Scotland Rj. Co., 3 N. & 

Mac. 205 ; 6 Court Seas. Cas. 4th Ser. 67 21, 28, 60, 81, 192 

Aldridge v, O. W. Ry. Co., 16 C. B. N. 8. 682 ; 33 L. J. C. P. 161 . . 106, 

107, 142 

Allday v, G. W. Ry. Co., 6 B. & S. 903 ; 34 L. J. Q. B. 6 ; 11 L. J. 

267; 13W.R.43 140 

Anderson v. Bank of British Columbia, 2 Ch. D. 644 ; 46 L. J. Ch. 

449 ; 35 L. J. 76 ; 24 W. R. 724 162 

(or Henderson) v. L. & N. W. Ry. Co., L. R. 6 Ex. 90 ; 39 

L.J. Ex. 66; 21 L.T. 766; 18 W. R. 362 122 

r. Wallace, 3 CI. & F. 26 173 

Angus f^. Smithers, 2 F. & F. 381 160 

Anning «. Hartley, 27 L. J. Ex. 146 166 

Anon., 3 Atk. 644 174 

2 Chit. 44 164 

Arbuckle r. Price, 4 Dowl. P. C. 174 162 

Armstrong v. Marshall, 4 Dowl. P. C. 693 ; 1 H. & W. 643 164 

Ashendon v. L. B. & S. C. Ry. Co., 6 Ex. D. 190 ; 42 L. J. 686 ; 28 
W. R. 611 136, 139, 140 

Atkinson v. Abraham, 1 B. & P 166 

Attorney-General v, Birmingham & Derby Jn. Ry. Co., 2 Railway 

Cas. 124 34 

v. Davison, MoClel. & Y. 160 164 

Ayr Harbour Trustees v. Glasgow & S. W. Ry. Co., 4 B. & Mao. 81 . . 11, 

23, 62, 69, 77 

Ayrshire and Wigtonshire Ry. Co. v, Glasgow & S. W. Ry. Co., 14 
Rep. Ry. Commrs. 29 62 



Bailey t^. L. C. & D. Ry. Co., 2 K. & Mac. 99 91 

Baker v. Hunter, 16 M. & W. 672 170 

«. Yorkshire Fire & Life Assurance Co., 1892, 1 Q. B. 144 . . 168 

Baldwin 1^. L. C. & D. Ry. Co., 9 Q. B. D. 682 110 

Barbour p. S. E. Ry. Co., 34 L. T. 67 104 

Barret v. G. N. Ry. Co., 1 N. & Mac. 38 ; 1 C. B. N. S. 423 ; 26 

L. J. 0. P. 83 20,22 



X TABLE OF CASES. 

PAQB 

Barrow, Ex parte, In re Worsdell, 6 Ch. D. 783 ; 46 L. J. B. 71 ; 36 

L. T. 325 ; 26 W. R. 466 108 

Barton v. Knight, 2 Vem. 614 172 

Batson v. Donovan, 4 B. & A. 21 118 

Baxendale v. Bristol & Exeter Rj. Co., 1 N. & Mac. 229 ; 11 0. B. 

N. S. 787 61 

tJ. S. E. Ry. Co., L. R. 4 Q. B. 244 ; 38 L. J. Q. B. 137 ; 

17 W. R. 412 1 26, 142 

t,. G. W. Ry. Co (Reading Caae), 1 N. & Mac. 202 ; 6 

C. B. N. S. 336 42, 48, 60 

I?. G. W. Ry. Co., 14 C. B. N. S. 1 61 

V, G. W. Ry. Co., 1 N. & Mao. 213 ; 3 C. B. N. S. 366. . 49 

V. L. & S. W. Ry. Co., 1 N. & Mac. 231 ; 12 C. B. N. S. 

768 60 

V, L. & S. W. Ry. Co., L. R. 1 Ex. 137 ; 4 H. & 0. 130 ; 

36 L. J. Ex. 108 ; 14 L. T. 26 ; 14 W. R. 468 ... .20, 42 

V, L. C. & D. Ry. Co., L. R. 10 Ex. 36 ; 44 L. J. Ex. 20 ; 

32L. T. 330; 23 W. R. 167 116 

V, North Devon Ry. Co., 1 N. & Mao. 180 ; 3 0. B. N. S. 

324 43, 49, 60 

Baylis v, Lintott, L. R. 8 0. P. 346 ; 42 L. J. C. P. 119 ; 28 L. T. 

666 117 

Beadell v. Eastern Counties Ry. Co., 1 K. & Mac. 66 ; 2 C. B. K. S. 

609 ; 26 L. J. C. P. 250 22, 66 

Beal V. S Devon Ry. Co., 6 H. & N. 876 ; 3 H. & C. 337 ; 11 L. T. 

184; 12 W. R. 1115 136, 139, 144 

Beddow v, Beddow, 9 Ch. D. 89 ; 47 L. J. Ch. 588 ; 26 W. R. 670. . 172 

Beeston Brewery Co. v. Mid. Ry. Co., 6 B. & Mac. 63 26, 69 

Behrens v, G. N. Ry. Co., 7 H. & N. 960 ; 31 L. J. Ex. 299 ; 8 L. T. 

328; 9W.R.338 123 

Belfast Cent. Ry. Co. r. G. N. Ry. Co. (No. 3), 4 B. & Mao. 169. .71, 72 

(No. 4), 4 B.& Mac. 379.... 77 

Bell v. MidRy. Co., 3 De G. & J. 673 27 

2N. &Mac. 186 48, 69 

Bellsdyke Coal Co. v. N. B. Ry. Co., 2 N. & Mac. 106 46 

Bennet v. M. S. & L. Ry. Co., 1 N. & Mac. 288 ; 6 C. B. N. S. 707. . 42 

Bernstein v, Baxendale, 6 C. B. N. S. 251 ; 28 L. J. C. P. 266 ; 7 

W. R. 396 121, 122, 123 

Berry v. L. C. & D. Ry. Co., 4 B. & Mac. 310 92 

Bethell r. Clark, 19 Q. B. D. 553 ; 20 Q. B. Div. 616 ; 67 L. J. Q. B. 

302 ; 69 L. T. 808 ; 36 W. R. 611 108, 109 

Bidder «. Bridges, 29 Ch. D. 29 ; 64 L. J. Ch. 798 ; 62 L. T. 466 ; 

33 W. R. 792 162 

V, North StaflPordahire Ry. Co., 4 Q. B. D. 412 ; 48 L. J. 

Q. B. 248 ; 40 L. J. 801 ; 27 W. R. 640 170 

Bignallr. Gale, 2 M. & G. 830 ; 9 P. D. & C. 631 166 

Birchgrove Steel Co. v. Mid. Ry. Co., 6 B. & Mac. 229 91 

Blanchard v. Sun Fire Office, 6 Times L. R. 366 172 

Blankensee r. L. & N. W. Ry. Co., 46 L. T. 761 128 



PLAINTIFFS. XI 

PAOB 

Blower r. G. W. Ry. Co., L. R. 7 C. P. 665 ; 41 L. J. C. P. 268 ; 

27L. T. 883; 20 W. R. 776 102, 103 

Bollandsr. M. S. & L. Ry. Co., 16 Ir. C. L. 660 HI 

Bolton V. Lano. A York. Ry. Co., L. R. 1 C. P. 431 ; 86 L. J. C. P. 

137 ; 13 L. T. 764 ; 14 W. R. 430 108 

Boome v, GatcUffe, 11 a. & F. 45 ; 7 M. & G. ; 8 Scott N. R. 604. . 102 

Boyoe v. Chapman, 2 Bing. N. C. 222 ; 2 Scott. 365 129 

Boys r. Pink, 8 C. & P. 361 121 

Bradbury r. Sntton, 21 W. R. 128; 19 W. R. 800 123 

Brandt & Boutcher, /» r^ 7 Times L. R. 140 171 

British Empire Shipping Co. v. Somes, £. B. & £. 353 ; 8 H. L. Cas. 

338; 28 L.J. Q. B. 220 ; 30 t*. 229 ; 8 W. R. 707 98 

Brook, In re ; Brook, Delcomyn & Bradart, In re^ 15 C. B. N. S. 403 ; 

83 L. J. C. P. 246 ; 10 L. J. 378 164 

Bronghton & Plas Power Coal Co. v. G. W. Ry. Co., 4 B. ft Hao. 

191 46,58 

Brown's Case, see Brown v, G. W. Ry. Co. 

Brown r. G. W. Ry. Co., 3 N. & Mac. 523 ; 7 Q. B. Diy. 182 ; 9 Q. 

B. Div. 744 29, 31, 83, 84 

Bmnt V. Mid. Ry. Co., 2 H. & C. 889 ; 38 L. J. Ex. 187 ; 9 L. T. 

690 122, 125 

Bncdeuoh (Duke of) v. Met. Board of Works, L. R. 5 H. L. 418 ; 41 
L. J. Ex. 137 ; 27 L. T. 1 174 

Bnckfastleigh Ry. Co. v. South Deron Ry. Co., 1 N. ft Mac. 321 . . 76 

Budd V. L. ft N. W. Ry. Co., 36 L. T. N. S. 802 ; 26 W. R. 762 . . 58 

Bunch V. G. W. Ry. Co., 13 App. Cas. 31 ; 67 L. J. Q. B. 361 ; 68 

L. T. 128; 36 W. R. 786 135 

Bushell, In re, Ex parte G. W. Ry. Co., 22 Ch, Div. 470 ; 62 L. J. 

Ch. 734; 48 L. T. 196 ; 31 W. R. 419 100 

Butt V, Gi. W. Ry. Co., 11 C. B. N. S. 140 ; 20 L. J. C. P. 241 . . 122 



Caerleon Tinplate Co. v. Hughes, 60 L. J. Q. B. 640 ; 7 Times L. R. 
619 168 

Cairns v. N. E. Ry. Co., 4 B. & Mac. 221 85 

Caledonian Ry. Co. r. Guild, 1 Ct. Sess. Cas. 4th Ses. 198 97 

f?. Greenock ft Wemyss Bay Ry. Co., 4 B. ft 

Mao.*70 77 

— — — r. Greenock ft Wemyss Bay Ry. Co., 4 B. & 

Mac. 136 78 

— ^ V, Lockhart, 3 Macqueen, 808 173 

V. N. Brit. Ry. Co., 3 N. ft Mac. 403 73 

Candy v. Mid. Ry. Co., 38 L. T. 226 116 

Carr v. L. ft N. W. Ry. Co., L. R. 10 C. P. 307 ; 44 L. J. C. P. 109 ; 

31 L. T. 786 ; 23 W. R. 747 HI 

V. Lane, ft York. Ry. Co., 7 Exch, 707 ; 21 L. J. Ex. 261 ; 7 

Railw. Cas. 426 132, 134 

Carlisle, In re, 44 Ch. D. 200 ; 59 L. J. Ch. 620 ; 62 L. T. 821 ; 38 
W. R. 368 157 



• • 



ZU TABLE OF CASES. 

PAfiB 
Oaasell, Jfi r«, 9 B. &0. 624; 4 M. & B. 655 158 

Oaterham Rj. Co. p, L. B. & S. W. By. Co., 1 B. & Mao. 32 ; 10. 
B. N. a 410 ; 26 L. J. 0. P. 16 19 

Oayley v. Sandycroft, 33 W. B. 577 162 

Central Wales & Carmartlieii Jn. By. Co. v. Gt, W. By. Co. (No. 1), 

2N. &Mao. 191 68 

V, (No. 2), 4 B. & Mac. 110 ; 10 Q. B. D. 

231 68, 74 

V, L. & N. W. By. Co., 4 B. & Mao. 101 ... . 68, 74, 76, 82 

r. L. & N. W. By. Co. and G. W. By. Co., 4 B. & 

Mac. 211 73 

Chapman v, G. W. By. Co., 5 Q. B. D. 278 ; 49 L. J. Q. B. 420; 

42 L. T. 252 ; 28 W. B. 666 112 

Chappell V. North, 1891, 2 Q. B. 252 ; 60 L. T. Q. B. 654 ; 66 L. T. 

23 ; 7 Times* L. B. 663 169 

Chatterley Iron Co. v. N. Stafford By. Co., 3 N. & Mac. 328 87 

Chicot V. Lequesne, 2 Ves. 316 172 

Chinery v. ViaU, 6 H. & N. 288 ; 26 L. J. Ex. 180 ; 8 W. B. 629 . . 114 

City of Dublin Steam Packet Co. r. L. & N. W. By. Co., 4 B. & 
Mac. 10 23, 62 

Clomnel Traders v. Waterford & Limerick By Co., 4 B. & Mao. 92. . 85 

Clout t;. Met. By. Co., 46 L. T. 141 173 

Coates V, Chaplin, 3 Q. B. 483 ; 2 G. & D. 662 107 

Cobledick v. L. & N. W. By Co., Times, 28th Oct. 1890 27 

Cock, In re, Ex parte Boaevear, 11 Ch. Div. 660 ; 48 L. J. Bk. 100 ; 

40 L. T. 730 ; 27 W. B. 691 108, 109 

Cog^ V, Bernard, 2 Ld. Baym. 909 ; 1 Sm. L. C. 188 113 

Cohen v. S. E. By. Co., 2 Ex. Div. 253 ; 46 L. J. Ex. 417 ; 36 L. J. 

130 ; 26 W. k 476 135 

Collard v. S. E. By. Co., 7 H. & N. 79 ; 30 L. J. Ex. 393 ; 4 L. T. 

410 ; 9 W. B. 697 116 

Collins V. Paddington Vestry, 6 Q. B. D. 368 ; 49 L. J. Q. B. 264; 

42L.T.573; 28 W. B. 688 170 

Colman r. G. E. By. Co., 8th Ann. Bep. By. Commrs 59, 61, 91 

Coombs V. Bristol & Exeter By. Co., 3 H. & N. 1, 610 ; 27 L. J. Ex. 

401 107 

Cooper, Ex parte. In re McLaren, 11 Ch. Div. 68 ; 48 L. J. Bk. 49 ; 

40L. T. 105; 27 W.B. 618 98, 108,109 

Cork Distilleries Co. v, Gt. S. & W. By. Co., L. B. 7 H. L. 269 ; 

8 Ir. B. C. L. 334 110 

Coirigan v, G. N. By. Co., 6 L. B. Ir. 91 140 

Cory V. Yarmouth & Norwich By. Co., 3 Bailw. Cas. 524 86 

Coventry v. G. E. By. Co., 11 Q. B. Div. 776 ; 62 L. J. Q, B. 694. . Ill 

Cox V. G. E. By. Co., L. B. 4 C. P. 181 ; 38 L. J. C. P. 151 83 

Crouch V. G. N. By. Co., 9 Exch. 556 ; 7 Bailw. Cas. 787 ; 23 L. J. 

Ex. 148 33 

V, G. W. By. Co., 2 H. & N. 491 ; 3 H. & N. 183 ; 26 L. J. 

Ex. 418 98, 113 

Cittler V, North London By. Co., 19 Q. B. D. 64 ; 56 L. J. Q. B. 
648 ; 56 L. T. 639 ; 35 W. B. 675 141 



PLAINTIFFS. XIU 

PAOB 
D'Arc p. L. & N. W. R7. Co., L. R. 9 C. P. 325 ; 30 L. T. 763 ; 22 

W. R. 919 142 

Dare Valley Ry. Co., In re, L. R. 6 Eq. 429 ; 37 L. J. Ch. 719 .... 174 

Darlington Waggon Co. v. Hardinfr, 1891, 1 Q. B. 246; 60 L. J. 
Q. B. 110 ; 64 L. T. 407; 39 W. R. 167 ; 7 Times L. R. 106.. 169, 

177 

Davey v. Mason, Car. & Manh 445 122, 123 

Davis p. Starr, 41 Ch. D. 242 ; 68 L. J. Ch. 808 ; 60 L. T. 797 ; 37 
W. R. 481 168 

Denaby Main Colliery Co. v. M. S. & L. Ry. Co., 11 App. Caa. 97 ; 
14 Q. B. Div. 209 ; 13 Q. B. D. 674 ; 6 B. & Mao. 133 ; 4 B. & 
Mao. 437; 55 L. J. Q. B. 181; 64 L. T. 1 33, 34, 36, 41, 68 

Dentsche Springstoff Actien Geflellschaft t*. Brisooe, 20 Q. B. D. 177 ; 

67L. J. Q. B. 4; 36 W. R. 667 168 

Deyerenx v. Barclay, 2 B. & A. 702 114 

Dickson r. G. N. Ry. Co., 18 Q. B. Div. 176 ; 66 L. J. Q. B. HI ; 

65 L. T. 868 ; 36 W. R. 202. .17, 56, 81, 82, 105, 136, 137, 139, 146 

Diphwys Casson Slate Co. r. Feetiniog Ry. Co., 2 K. & Mao. 73 . . 47, 48 

Difitington Iron Co. v. L. & N. W. Ry. Co., 6 B. & Mac. 108 ; 4 

Times L. R. 785 30 

Dobson p. Groves, 6 Q. B. 637 ; 14 L. J. Q. B. 17 166 

Donald p. N. E. Ry Co., 6 B. & Mac. 63 62, 82 

Doolanf. Mid. Ry. Co., 2 App. Cas. 792 ; 37 L. T. 317 ; 25 W. R. 

882 134, 141 

Drew V. Drew, 2 Macq. 1 166 

Dublin & Meath Ry. Co. v, M. G. W. Ry. Co., 3 N. & Mac. 379 ... . 21 

Dublin Whiskey Distillery Co. p. M. G. W. Ry. Co., 4 B. & M. 32.. 22, 26 

Dunkirk Colliery Co. p, M. S. & L. Ry. Co., 2 N. & Mao. 402 160 

Dulton p. Solomonaon, 3 B. & P. 682 106, 107 



Earl p. Stocker, 2 Vem. 251 172 

East & West India Dock Co. p. Kirk, 12 App. Cas. 738 ; 57 L. J. Q. B. 

295 ; 58 L. T. 158 152, 164 

V. Shaw, 39 Ch. D. 524 ; 6 K. & Mao. 94 ; 

57 L. J. Ch. 1038 ; 60 L. T. 142 20, 42 

East & West Jn. Ry. Co. p. G. W. Ry. Co., 2 N. & Mao. 147 75 

Eastern Counties Ry. Co. r. Robertson, 6 M. & G. 38 ; 1 Dowl. & L. 

498 ; 6 Soott N. R. 802 164 

Eastham p. Tyler, 2 Bail Ct. Rep. 136 159 

Edwards p. G. W. Ry. Co., 11 C. B. 688, 21 L. J. C. P. 72 189 

Edwards p. Sherratt, 1 East. 604 105 

Elbinger Actien G^eeellschaft v. Armstrong, L. R. 9 Q. B. 473 ; 43 

L. J. Q. B. 211 ; 30 L. T. 874 ; 23 W. R. 127 116 

Emery p. Wase, 5 Ves. 848 , . . . ; 178 

European & Americui S. S. Co. r. Croskey, 8 C. B. K. S. 397 ; 29 
L. J. C. P. 156 ; 8 W. R. 236 163 

Evershed p, L. & K. W. Ry. Co., 2 Q. B. D. 264 ; 3 Q. B. Div. 135 ; 

8 App. Cas. 1029 ; 48 L. J. Q. B. 22 ; 89 L. T. 306. . 33, 84, 48, 69 



Ziv TABLE OF CASES. 



PAOB 

Exeter Oamen Oaae, cit. Yorke ir. Grenangh, 2 Ld. Baym. 867 .... 98 

Eyre and the C!orporation of Leicester, In ret 1892, 1 Q. B. 136 ; 8 
TimeBL. B. 136 156, 167 

Farrant r. Barnes, 11 0. B. N. 8. 663 ; 81 L. J. C. P. 137 146 

FergoBson v, Norman, 4 Bing. K. 0. 62 ; 6 Boott K. B. 304 ; 1 Jur. 

986 170 

Fetherstone v. CJooper, 9 Ves. 67 169, 166 

Field i;. Newport, &c. Ry. Co., 3 H. & N. 409 ; 27 L. J. Ex. 396 . . 97 

Finlay r. N. B. Ry. Co., 8 Ct. Sees. Caa. 969 136 

Fiahboume «;. G. S. & W. Ry. Co., 2 N. & Mac. 224 60, 62, 60 

V. M. G. W. Ry. Co., 2 Rep. Ry. Com. 3 50 

Fleming v. M. S, & L. Ry. Co., 4 Q. B. Div. 81 ; 39 L. T. 556 ; 27 

W. R. 481 117 

Rowerfti;. S. E. Ry. Co., 16 L. T. 329 122 

Ford f;. Jones, 3 B. & A. 248 153 

Ford V. L. & S. W. Ry. Co., 6 B. & Mac. Ill ; 63 L. T. 841 ; 60 

L.J. Q. B. 130 23, 43, 49, 60, 62, 64, 66, 60, 99 

Foreman v. G. E. Ry. Co., 2 N. & Mac. 202 46, 69 

Forward i;. Pittard, 1 T. R. 27 102 

Foulkes V, Met. Dist. Ry. Co., 6 C. P. Div. 157 ; 4 C. P. D. 267 ; 49 

L. J. C. P. 361 ; 42 L. T. 345 ; 28 W. R. 626 108 

Fowles V. G. W. Ry. Co., 7 Exoh. 699 ; 7 RaUw. Cas. 421 ; 22 L. J. 
Ex.76 107 

France v, Gandet, L. R. 6 Q. B. 199 ; 40 L. J. Q. B. 121 ; 19 W. R. 

622 116 

Freeman 9. Birch, 1 Nev. & Macn. 420 ; 3 Q. B: 492 n 107 



Gallop & Central Queensland Co., In re, 26 Q. B. D. 230 ; 69 L. J. 

Q. B. 460; 62L. J. 834; 38W. R. 621 172 

Garton v. Bristol & Exeter Ry. Co., I N. & Mac. 218 ; 6 C. B. N. S. 

639 ; 28 L. J. C. P. 306 . .42, 46, 49, 60, 61 

1 B. & S. 112; 30 L. J. Q. B. 

273; 9 W. R. 734 97, 141 

4 H. & N. 33 ; 28 L. J. Ex. 169, 210 

Gatcliffe v. Bourne, 7 M. & G. 860 ; 11 CI. & F. 45 ; 8 Scott, N. R. 

606 102 

Gibbes, Ex parte, In re Whitworth, 1 Ch. D. 101 ; 46 L. J. Ch. 10 ; 

33L.T.479; 24 W. R. 298 108 

GiU V. M. S. & L. Ry. Co., L. R. 8 Q. B. 186 ; 42 L. J. Q. B. 89 ; 

28L.T.687; 21 W. R. 626 143 

Ginder V. Curtis, 14 C. B. N. S. 732 166 

Girardot, Flinn & Co. v. Mid. Ry. Co., 4 B. & Mac. 291 26, 47, 69 

Gladwin t?. Chilcote, 9 Dowl. P. C. 660 ; 6 Jur. 749 160 

Goddard v, L. & S. W. Ry. Co., 1 N. & Mac. 308 60, 64, 56, 61 

Gogarty v. G. S. & W. Ry. Co. Ir. R., 9 C. L. 233 129 

Golding. Davis & Co., Ex parte, In re Knight, 13 Ch. Div. 629 ; 42 

L.T.270; 48W.R.481 109 



PLAINTIFFS. XV 

PAOB 
Gordon v, G. W. 1^. Co., 8 Q. B. D. 44 ; 51 L. J. Q. B. 68 ; 45 
L. T. 509 ; 30 W. R. 230 143 

Gk>ogli and the Mayor of Liyerpool, Jn re, 6 Times L. B. 453 ; 7 
Times L. R. 681 170 

Grsj & Co. and Bonstoad & Co., /» r«, 8 Times L. B. 703 169 

Great Northern Rj. Co. v, Behrens. Sm Behrens v. G. N. Ry. Co. 

V. Morville, 7 Railw. Cas. 830 ; 21 L. J. 

Q. B. 319 126 

r. Rimell, 18 C. B. 676 ; 27 L. J. C. P. 

201 102, 128, 129 

1,. Swaffield, L. R. 9 Ex. 132 ; 43 L. J. Ex. 

89; 30L. T. 662 98, 112 

Great Northern (Ireland) Ry. Co. v. Belfast Cent. Ry. Co., 8 N. & 

Mao. 411 71 

Great Western Ry., JEx parte, In re Bnahell, 22 Ch. Diy. 470 ; 62 

L. J. Ch. 734 ; 48 L. T. 196 ; 31 W. R. 419. . 100 

V. Bagge, 16 Q. B. D, 626 ; 54 L. J. Q. B. 599 ; 

53L. T. 225; 34 W. R. 46 106 

Great Western Ry. Co. v. Bristol Ports Railway and Pier Co., 5 B. 

& Mac. 94 22 

p. Bunch, 13 App. Cas. 31 ; 67 L. J. Q. B. 

361; 68L. T. 128; 36 W. R. 786 135 

V. Crouch, 3 H. & N. 183 113 

V, Glenister, 29 L. T. 422 ; 22 W. R. 72 . . 143 

■ V, Railway Commissioners, 7 Q. B. Div. 182; 

50 L. J. Q. B. 483 ; 45 L. T. 206 ; 29 
W. R. 901 29 

V. Redmayne, L. R. 1 C. P. 329 ; 36 L. J. 

C.P. 123; 14 W.R.206 117 

„. Rimmel, 18 C. B. 674 102, 127, 129 

-^— — ^— V, Severn & Wye Ry. Co., 6 B. & Mac. 170 

67, 68, 72 

V. Sutton, L. R. 4 ; H. L. 226 ; 38 L. J. 

Ex. 177; 18W.R.92 33, 34 

17. Swansea, 4 E. & B. 184 110 

Grebert Borgnis v, Nugent, 16 Q. B. Diy. 86 ; 54 L. J. Q. B. 511 . . 116 

Green & Balfour, J» r«, 63 L. J. 326 171 

Green v. St. Elatherine's Docks, 19 L. J. Q. B. 53 97 

Greenock & Wemyss Bay Ry. Co. v. CaI. Ry. Co. (No. 1), 2 N. 

&Mac 132 

(No. 2), 2 N. & Mao 136 

(No. 3), 2 N. & Mac. 227 ; 3 N. 

& Mac. 146 ; 6 Ct. Sees. Cas. 
4thSer. 1000 68 

(No. 4), 6 B. & Mac 206 

Greenopv. S. E. Ry. Co., 2 N. & Mac. 319 39,47 

Greenwood, J« re, 1 P. & D. 463 ; 9 A. & E. 699 164 

Gregory v. West Mid. Ry. Co., 2 H. & C. 944 ; 33 L. J. Ex. 165 ; 

12W.R.528 137 



XYl TABLE OF CA6ES. 

PAGB 

Hadiey v. Baxendale, 9 Exch. 341 ; 23 L. J. Ex. 179 116 

Hagger v. Baker, 14 M. & W. 9 ; 2 Dowl. & L. 856 ; 14 L. J. Ex. 

226 164 

Haigh V. Haigh, 2 De G. F. & J. 157 ; 31 L. J. Ch. 420 160, 173 

Hales V. L. & N. W. Ry. Co., 4 B. & S. 66 ; 32 L. J. Q. B. 292 ; 

8 L. T. 421 ; 11 W. R. 856 Ill, 116, 117 

Hall V. L. B. & S. C. Ry. Co., 15 Q. B. D. 536 ; 17 Q. B. Div. 230 ; 
5 B. & Mao. 28 ; 63 L. T. 345 ; 54 L. T. 713 ; 65 L. J. Q. B. 
328; 34 W. R. 658 79,92, 184, 186 

Hallet V. Hallet, 7 Dowl. 389 ; 5 M. & W. 25 ; 2 H. & H. 3 ; 3 Jur. 

727 167 

Hamilton v. Bankin, 3 De G. & S. 782 ; 19 L. J. Ch. 307 165 

r. MagiU, 12 L. R. Ir. 186 116 

Hammans, Foster & Co. v. Ot, W. Ry. Co., 4 B. & Mac. 181 . .18, 21, 23 

Hammond v. Bassey, 20 Q. B. Div. 79 ; 57 L. J. Q. B. 58 116 

Harbome Ry. Co. v. L. & N. W. Ry. Co., 2 N. & Mao. 169 96 

Hare v. L. & N. W. Ry. Co., 2 J. & H. 80 ; 30 L. J. Ch. 815 . .16, 101 

Harris v. Q. W. Ry. Co., 1 Q. B. D. 515 ; 46 L. J. Q. B. 729 ; 34 

L. T. 647 ; 26 W. R. 63 113 

-». L. &8. W. Ry. Co., 3 N. & Mac. 331 20 

V. Cockermouth & Workington Ry. Co., 1 N. & Mac. 97 ; 

3 C. B. N. S. 693 ; 27 L. J. C. P. 162 47, 48 

Harrison v. L. B. & S. C. Ry. Co., 2 B. & S. 152 ; 31 L. J. Q. B. 

113 104, 135, 136, 140 

Hart V, Baxendale, 6 Exch. 769 ; 21 L. J. Ex. 123 120, 122, 125 

Hastings' Case. See S. E. Ry. Co. v. Railway Commissioners. 

Hawes v, S. E. Ry. Co., 54 L. J. Q. B. 174 ; 62 L. T. 614 116 

Heam v. L. & S. W. Ry. Co., 10 Exch. 793 ; 24 L. J. Ex. 180 .... 124 

Heame v. Garton, 2 E. & E. 66 ; 28 L. J. M. C. 16 ; 33 L. T. 256. . 146 

Hemming v, Parker, 13 L. T. 795 ; 14 W. R. 328 165 

Henderson v. L. & N. "W. Ry. Co., L. R. 5 Ex. 90 ; 39 L. J. Ex. 

55; 21L. T. 766; 18 W. R. 352 122 

V. Stevenson, L. R. 2 H. L. Sc. 470 ; 32 L. T. 709 .... 127 

Hennesy v. Wright, 21 Q. B. D. 509 ; 67 L. J. Q. B. 530 ; 59 L. T. 

323 ; 4 Times L. R. 511 162 

Heugh V. L. & N. W. Ry. Co., L. R. 6 Ex. 61 ; 39 L. J. Ex. 48 ; 

21L. T. 676 109, 111, 112, 114 

Bick, In re, 8 Taunt. 694 166, 167 

Higginbotham r. G. N. Ry. Co., 2 F. & F. 798 ; 10 W. R. 368 ... . 104 

Hinde v, LiddeU, L. R. 10 Q. B. 265 ; 44 L. J. Q. B. 106 ; 32 L. T. 

449; 23W.R.660 116 

Hinton t>. Dibdin, 2 Q. B. 646 ; 2 G. & D. 36 124 

Hiort V, Bolt, L. R. 9 Ex. 86 ; 43 L. J. Ex. 81 ; 30 L. T. 26 ; 22 

W. R. 414 114 

V, L, & N. W. Ry. Co., 4 Ex. D. 188 ; 48 L. J. Ex. 646 ; 40 

L. T. 674 ; 27 W. R. 778 114 

Hoare t?. G. W. Ry. Co., 37 L. T. 186 ; 26 W. R. 63 143 

Holdemeesv. Collinson, 7 B. & C. 212 ; 1 M. & R. 66 98 



PLAIKTTFFS. XVU 

PAQB 

Hdland IT. Feetiiuog By. Co., 2 N. ft ICao. 278 44,47 

Holyhead Local Board v, L. ft N. W. By. Co., 4 B. ft Mao. 87 . .20, 23 

Hooperir. BalfoTir, 62 L. T. 646; (1890) W. N. 61 171 

V. L. ft N. W. By. Co., 60 L. J. Q. B. 103 ; 43 L. T. 670 ; 

29W.B.241 108 

Hopcraft v. Hickman, 2 S. ft S. 130 ; 3 L. J. Gh. 43 173 

Hopper, In re, L. B. 2 Q. B. 367 ; 8 B. ft 8. 100 ; 36 L. J. Q. B. 
97; 15L.T.666; 16 W. B. 443 164 

Home ff. Mid. By. Co., L. B. 8 C. P. 181 ; 42 L. J. C. P. 69 ; 28 
L. T. 312 ; 21 W. B. 481 116, 117 

Howard 9. Mid. By. Co., 3 N. ft Mao. 268 91 

Hndaon p. Baxendale, 2 H. ft N. 676 ; 27 L. J. Ex. 93 102, 112 

Hull ft Bamaley Bt. Co. v. York ft Derby Coal Co., 18 Q. B. D. 
761; 66L. J. Q. B. 261; 36 W. B. 886 36,46 

Huntley, /» r*, 1 Ell. ft B. 787 ; 22 L. J. Q. B. 277 171 

Hydeir. TrentftMerseyCo., 6T. B. 389; lEsp. 86 102 



Sfracombe Pnblio Conveyance Co. 9, L. ft S. W. By. Co., 1 K. ft 
Mac. 61; W.N. 1868,289 22,67 

Irrine v. M. G. W. By. Co., 6 L. B. Ir. 66 • • 117 

laaaoB, In r$, Sx parte MOee, 15 Q. B. Dir. 89 ; 64 L. J. Q. B. 666 . 108 



James, In re, 4 B. ft Ad. 488 ; 2 N. ft M. 328 166 

r. James, 23 Q. B. Diy. 12 ; 68 L. J. Q. B. 424 ; 61 L. T. 

310; 87W. B. 600 162, 164 

1^. Tafl Vale By. Co., 3 N. ft Mao. 640 19 

Jameson 9. Mid. By. Co., 60 L. T. 426 116 

Jamieson, Jn r^, 4 A. ft E. 945 154 

Jenkins f'. LeggB, 1 Dowl. N. S. 277 ; 6 Jnr. 397 166 

Jepbson «. Hawkins, 2 Man. ft O. 366; 2Scott, N.B. 606 170 

Johnson v. Lane, ft York. By. Co., 3 C. P. D. 499 ; 38 L. T. 448 ; 

27W.B.459 114 

p. Latham, 20 L. J. Q. B. 288 ; 2 L. M. ft P. 206 171 

V. Mid. By. Co., 4 Exoh. 867 ; 6 Bailw. Cas. 61 ; 18 L. J. 

Ex.366 16, 101, 106 

f^. N. E. By. Co., 6 Times L. B. 68 103 

Jones r. N. E. By. Co., 2 N. ft Mao. 208 .86,91 



Kemp V. Falk, 7 App. Cas. 673 ; 62 L. J. Ch. 167 ; 47 L. T. 464 ; 

31 W. B. 126 ; 6 Asp. M. C. 1 109 

tr. Bose, 1 Gi£P. 268 172 

Kendal v. Marshal, Stevens ft Co., 11 Q. B. Div. 356 ; 62 L. J. Q. 
B. 313 ; 48 L. T. 961 ; 31 W. B. 697 108 

Kendall r. L. ft 8. W. By. Co., L. B. 7 Ex. 373 ; 41 L. J. Ex. 184 ; 

26L. T. 735; 20W. B. 886 , 102, 103 



• •• 



XYIU TABLE OF CASES. 

PAOK 
Kent V, Mid. By. Co., L. B. 10 Q. B. 1 ; 44 L. J. Q. B. 18 ; 31 L. 
T. 430; 23 W. B. 25 107, 134 

Kenworthy v. Queen Insurance Co., 8 Tunes L. B. 211 • 159 

Kerr f . WiUan, 6 H. & S. 150 ; 2 Stark. 53 118 

Kimberley r. Dick, L. B. 13 Eq. 1 ; 41 L. J. Ch. 38 ; 26 L. T. 476 ; 

20 W.B. 49 172 

Kirbyr. O. W. By Co., 15 L. T. N. 8. 668 142 

Kirkstall Brewery Co. v, Fumess By. Co., L. B. 9 Q. B. 468 ; 43 
L. J. Q. B. 142 ; 30 L. T. 783 ; 22 W. B. 876 129 

Knight, In re, Ex pnrle Golding, Davis & Co., 13 Ch. Div. 629 ; 42 

L.T. 270; 48 W.B. 481 109 

Knight V, The Tabernacle Permanent Building Society, 1891, 2 Q. B. 

63 ; 60 L. J. Q. B. 633 ; 65 L. T. 550 ; 39 
W.B. 507; 8 Times L. B. 616 161, 162 

if. (No. 2) 8 Times L. B. 783 170 

Kyle, Jn r^, 2 Jnr. 760 , 160 

Lano. k York. By. Co. 9. Gidlow (No. 1], 42 L. J. Ex. 129; 29 L. 

T. 346; 21 W. B. 649 ....83, 191 

r-v. (No. 2), L. B. 7 H. L. 617; 32 

L. T. 673 ; 24 W. R. 144 ... . 83 

V. Greenwood, 21 Q. B. D. 215 ; 68 L. J. Q. 

B.16; 59L.T.930 36 

Lane V, Cotton, 1 Ld. Baym. 652 • 106 

Larchin r. Ellis, 11 W. B. 281 165 

Leask v. Scott, 2 Q. B. Div. 376 ; 46 L. J. Q. B. 576 ; 36 L. T. 784 ; 

25W.B. 6/i4 108 

Le Conteur r. L. & S. W. By. Co., L. B. 1 Q. B. 64 ; 35 L. J. Q. 

B. 40 ; 13 L. T. 326 ; 14 W. B. 80 ; 6 B. & S. 961 123 

Lees V. Lano. & York. Ry. Co., 1 N. & Mao. 352 39 

Le Peintur t;. 8. E. Ry. Co., 2 L. T. 170 116 

Lewis r. G. W. Ry. Co., 3 Q. B. Div. 196 ; 47 L. J. Q. B. 131 ; 37 

L.T. 774; 26W. R. 255 138, 143 

V. 6H. &N. 867; 29L. J. Ex. 426 139 

LiUey v, Donbleday, 7 Q. B. D. 510 ; 51 L. J. Q. B. 310; 44 L. T. 
814 114 

Lingwoodr. Eade, 2 Atk. 502 172 

Idshman r. Christie, 19 Q. B. Div. 333 ; 66 L. J. Q. B. 538 ; 67 
L.T. 652; 35 W. B. 744 Ill 

Liver Alkali Co. v, Johnson, L. B. 7 Ex. 338 ; 43 L. J. Ex. 216 ; 31 
L. T. 95 105 

Liverpool Com Traders* Association v. G. W. B. Co., 8 Times L. B. 

519 38 

V. L. & N. W. By. Co., 1891, 

1 Q. B. 120 ; 7 B. & Mac. 126 ; 60 L. J. Q. B. 76 ; 63 L. T. 
564 10, 38, 67, 68 

Llangennech Coal Co., In re, 56 L. T. 475 ; W. N. (1887) 22 99 

Lloyd 9. Northampton & Banbnxy By. Co., 3 N. & Mac. 259 76 

r. Waterford & Limerick By. Co., 16 Lr. C. L. 37 141 



PLAINTIFFS. SIX 

PAOB 

Lock V. YoQiamy, 5 B. ft Ad. 600 ; 2 N. ft H. 336 163 

Locke V. N. £. Ry. Co., 3 N, ft Mac. 44 60 

London ft N. W. By. Co. v. Baiilett, 7 H. ft K. 400 ; 31 L. J. Ex. 

92;5L.T.399; 10 W. R. 109 .... 110 

r. Everahed, 3 App. Ca«. 1029; 3 Q. B. 

IHy. 135 ; 2 Q. B. D. 254 ; 48 L. J. 

Q. B. 22 ; 39 L. T. 306 33,34 

c. Price, 11 Q. B. D. 485 ; 52 L. J. Q. B. 

764 191 

London ft S. W. Rj. Co. v. SUinee Ry. Co., 4 B. ft Mac. 48 . . 19, 20, 24 

London, Chatham ft Dover Ry. Co. v. S. E. Ry. Co., 40 Ch. Dir. 

100; SSL. J.Ch. 75 ; 60 L. T. 370 ; 87 W. R. 65 159 

Londondeny Harbonr Commiarionen v. G. K. Ry. Co., 5 B. ft Mac. 

252 10,23,46,67,62,82 

Longton, Adderley Green ft Backnell Ry. Co. r. K. Stafford Ry. Co., 
8th Rep. Ry. Commrs. 41 76 

Lord «. Lee, L. R. 3 Q. B. 404 ; 9 B. ft S. 269 ; 37 L. J. Q. B. 121 ; 
16W.R,856 167 

V. Lord, 5 EIL ft B. 401 ; 26 L. J. Q. B. 34 163 

V. Mid. Ry. Co., L. R. 2 C. P. 339 ; 36 L. J. C. P. 170 ; 16 L. 

T. 676; 15 W. R. 405 Ill, 139 

Lowettr. Hobbe, 2 Show. 127 105 

Lory 9. Peanon, 1 C. B. N. S. 639 168 

Lyell V. Kennedy, 8 App. Cas. 217 ; 52 L. J. Ch. 386 ; 48 L. T. 588 ; 
31W.R.618 162 

Lyon V, Johnson, 40 Ch. D. 579 ; 58 L. J. Ch. 626 ; 60 L. T. 223 ; 
37W.R.427 157 

McCanoe r. L. ft N. W. Ry. Co., 3 H. ft C. 313 ; 34 L. J. Ex. 39 ; 

llL. T. 426; 12 W. R. 1086 138 

Maciarlane r. N. B. Ry. Co., 4 B. ft Mac. 206 31, n., 61 

Macha r.L. ft S. W. Ry. Co., 2 Exch. 415 ; 5 Railw. Cas. 302 ; 17 
L.J.Ex.271 129 

M'Kean r. M'lvor, L. R. 6 Ex. 36 ; 40 L. J. Ex. 30 ; 24 L. T. 559.. 109 

McLaren, In re, 11 Ch. Div. 68 ; 48 L. J. Bk. 49 ; 50 L. T. 105 ; 27 
W. R. 618 98, 108, 109 

McLean t7. Marcoa, Jn r^, 6 Times L. R. 365 171 

McManna v. Lane, ft York. Ry. Co., 4 H. ft N. 327 ; 28 L. J. Ex. 

363 136 

McNally 9. Lane, ft York. Ry. Co., 8 L. R. Lr. 81 141 

McQueen v. G. W. Ry. Co., L. R. 10 Q. B. 669; 44 L. J. Q. B. 

130; 32L. T. 759; 23 W. R. 698 128, 129 

Macqoeen, 7if r<?, 9 C. B. N. S. 793 160 

Maidntone Town ConncU v. S. E. Ry. Co., 7 B. ft Mao. 99 ; Times, 
13th Jan. 1891 18, 19 

Manch. Sheff . ft Line. Ry. Co. r. Brown, 8 App. Cas. 473 ; 32 W. R. 

207 137, 138 

V. North Central Waggon Co., 35 Ch. 

Div. 191 ; 13 App. Cas. 554 ; 68 L. J. Ch. 219 ; 69 L. T. 780 ; 

37 W. R. 305 97, 100 

62 



ZX TABLE OF CASES. 

PAOB 
Marriott v, L. &S. W. By. Co., 1 K. & Mao. 47 ; 1 C. B. N. S. 499; 
26 L. J. C. P. 164 67 

Martin v. Gt. Ind. Pen. Kv. Co., L. B. 3 Ex. 9 ; 37 L. J. Ex. 27 ; 

17L. T. 349 143 

Mason r. Wallifl, 10 B. & C. 107 167 

Matron v. Trower, B. & M. 17 168 

Mayhew v, Eames, 3 B. & C. 601 ; 1 C. & P. 660 118 

r. Nelson, 6 C. & P. 68 121 

Menzies v. Oal. By. Co., 6 B.' & Mao. 306 31 n., 49, 60, 62, 64, 61 

MetcaHe v. L. B. & S. 0. By. Co., 4 C. B. K. S. 307 ; 27 L. J. C. P. 

205, 333 128, 129 

Metropolitan District By. Co. v. Met. By. Co., 6 B. & Mac. 126 .... 74 

Midland By. Co. v. Freeman, 12 Q. B. D. 629 ; 63 L. J. M. C. 79 ; 

32W.B.830 106 

i>. G. W. By. Co., 2N. & Mac. 28 74 

Miles, JExparte^ In re Isaacs, 16 Q. 6. Div. 39 ; 64 L. J. Q. B. 666. . 108 

r. Cattle, 6 Bing. 743 ; 4 M. & P. 630 118 

MiUen r. Brasch, 10 Q. B. Div. 142 ; 62 L. J. Q. B. 127 ; 47 L. T. 

686; 31W.B.190 123 

Minet v, Morgan, L. B. 8 Ch. 361 ; 42 L. J. Ch. 627 ; 28 L. T. 673 ; 

21W.B.467 162 

Mitchell V, Lane. & York. By. Co., L. B. 10 Q. B. 266 ; 44 L. J. 

Q. B. 107; 33L. T. 161; 23 W. B. 863 Ill, 112 

Moore 9. G. N. By. Co., 10 L. B. Ir. 96 , 139 

r. Wilson, IT. B. 659 106 

Morphett, Inre, 2 D. & L. 967; 14 L. J. Q. B. 269 160 

Morris, /nrf, 6 Ell. & B. 383; 25 L. J. Q. B. 261 171 

Morritt V, N. E. By. Co., 1 Q. B. Div. 302 ; 46 L. J. Q. B. 289 ; 34 

L. T. 940 ; 24 W. B. 386 124 

Moseley v, Simpson, L. B. 16 Eq. 226 ; 42 L. J. Ch. 739 ; 28 L. T. 

727; 21 W. B. 694 172, 173 

Mulliner v. Florence, 3 Q. B. Div. 484 ; 47 L. J. Q. B. 700 ; 36 L. T. 

167 ; 26 W. B. 385 98 

Munday v. Black, 9 C. B. N. S. 667 ; 30 L. J. C. P. 193 ; 9 W. B. 

274 160 

Mosohamp r. Lane, ft Preston By. Co., 8 M. ft W. 421 ; 2 Bailw. 
Cas. 607 107 

Mntter r. Eastern & Midlands I^. Co., 38 Ch. Div. 92 ; 67 L. J. Ch. 
616; 69L. T. 117; 36 W. K. 401 86 

Myers r. L. ft S. W. By. Co., L. B. 5 C. P. 1 ; 39 L. J. C. P. 67 ; 

21L. T. 461 82, 196 

Mysore West Gold Mining Co., 42 Ch. D. 636 ; 68 L. J. Ch. 731 ; 61 

L. T. 453 ; 37 W. B, 794 163 

Mytton V. Mid. By. Co., 28 L. J. Ex. 386 (reported on another point, 
4H. &N. 016) 122 



Napier v. Glasgow & S. W. By. Co., 1 N. ft Mao. 292 ; 4 Ct. Sess. 
Cas. SrdSer. 87 66,78 

Kewry ft Armagh By. Co. v, G. N. Ir. By. Co., 3 N. ft Mac. 28 ... • 72 



• 



PLAINTIFFS. ZXl 

PAOB 

Kewry NaTigatioa Co. 9. G. N.By. Co., 7 B. ft Mao. 176. ...19, 20, 21, 

23,77 

NewxyTown Commn. p. G. N. Bj. Go., 7 B. ft Mao. 184 ....44, 45, 59 

Kioholaon v, G. W. Bj. Co. (No. 1), 1 N. ft Mao. 121 ; 5 C. B. N. S. 

866 46,47 

(No. 2), 1 N. ft ICao. 148 ; 7 C. B. N. 8. 

756 55 

*. Wilbn, 5 East, 507 ; 2 Smith, 107 118 

Niokalls V. Wanoi, 6 Q. B. 615 ; 2 Dowl. ft L. 549 165, 171 

Nitrophospbate Co. r. London ft St. Eath. Bock Co., 9 Ctu Dir. 503 ; 

89L,T.483; 27W.K.267 104 

Kitahill ft Leanmhagov Coal Co. v. Gal. By. Co., 2 K. ft Mao. 39. .45, 60 

Nobel «. P. Stewart ft Co., 6 Times L. B. 878; 35 Sol. J. 546 158 

North p. L. ft S. W. Bj. Co., 14 G. B. N. S. 132 ; 32 L. J. G. P. 156 ; 

8L.T.246; 11 W. B. 624 97 

North Brit. By. Go. 1^. Garter, 2 Maoq. 998 97 

North Central Waggon Co. p, M. 8. ft L. By. Co., 35 Gh. Div. 191 ; 
13 App. Gas. 554 ; 58 L. J. Gh. 219 ; 59 L. T. 730 ; 37 W. B. 
305 97, 100 

North Eastern By. Go. r. Cairns, 32 W. B. 829 112 

North Lonsdale Iron Go. p, Fomeas By. Co., 7 B. ft Mao. 147 ; 60 
L. J. Q. B. 419; 64 L. T. 122 41, 68 

North Monkland By. Go. p. North Brit. By. Co., 3 N. ft Mao. 282... 74 

Notting Hill, The, 9 P. Div. 105 ; 53 L. J. P. 66 ; 51 L. T. 66 ; 32 
W.B. 764; 5 Asp. M. G. 241 117 

Nugent p, Sndth, 1 G. P. Diy. 423 ; 45 L. J. G. P. 697 ; 34 L. T. 
827; 25W. B, 117 102, 103, 104 

Nnttall r. Mayor of Manchester, 8 Times L. B. 513 ..158, 172 



G'Hanlan p, G. W. By. Co., 6 B. ft S. 484 ; 34 L. J. Q. B. 151 ; 

12L.T.490; 13W.B.741 115 

Ohrloff r. Briscall, L. B. 1 P. G. 231 ; 4 Moo. P. G. G. N. S. 70 ; 35 
L.J.P.G.63; 14L.T.873; 15 W. B. 202 102 

Oliver ft Scott's Arbitration, In re, 48 Gh. D. 310; 59 L. J. Gh. 148; 
61L.T.652; 88 W. B. 476 172 

Owen 9. Burnett, 2 Gr. ft M. 353; 4 Tyr. 133 121, 125 

Oxlade p, N. E. By. Go. (No. 1), 1 N. ft Mao. 73 ; 1 G. B. N. S. 454 ; 

26L. J. G. P. 129 55 

(No. 2), 1 N. ft Mao. 162 ; 16 G. B. N. 8. 

680 56 

3N. ft Mao. 36 86,90 



Painter i>.L. B. ft 8. G. By. Co., 1 N. ft Mao. 68; 2C. B. N. 8. 702. .22, 57 

Palmerr. Met. By. Co., 31 L. J. Q. B. 269 167 

r. L. B. ft 8. G. By. Co., L. B. 6 G. P. 194 ; 1 N. ft Mac. 

271 ; 40 L. J. G. P. 133 43 

Parana, The, 1 P. D. 462 ; 2 P. Div. 118 ; 36 L. T. 388 ; 25 W. B. 
496 117 



XXU TABLE OF CASES. 

FAOK 

Pardingtonif. S.Wales Ry. Co., 1 H. & N. 302 132 

Parker v, S. E. Ry. Co., 2 0. P. D. 416; 46 L. J. 0. P. 768 ; 37 L. T. 

640; 25 W. R. 664 t 126, 127 

Parkinson r. G. W. Ry. Co., L. R. 6 C. P. 544 ; 1 K. & Mac. 280. . 63 

Patscheider u. G. W. Ry. Co., 3 Ex. D. 163 ; 38 L. T. 149 ; 26 
W. R. 268 112 

Peek V. North StaflP. Ry. Co., 10 H. L. C. 473 ; 32 L. J. Q. B. 241 ; 

8L. T. 768; 11 W. R. 1023 104,136,137,139,142 

PelsaU Coal Co. p, L. & N. W. Ry. Co. (No. 1), 23 Q, B. D. 536 ; 

7 B. & Mac. 1 ; 61 L. T. 
267 86, 88, 89,94 

(No. 2), 7 B. & Mao. 36 . . 90, 96 

Pegler r. Monmouthshire Ry. & Canal Co., 6 H. & N. 614 ; 30 L. J. 

Ex. 249 ; 4 L. T. 331 ; 6 W. R. 697 82 

Penrice v, Williams, 23 Ch. D. 353 ; 52 L. J. Ch. 693 ; 48 L. T. 868 ; 

31W.R.496 162 

Perkins r. L. &N.W.Ry. Co., IN. & Mao. 327 86 

Perryman r. Steggall, 2 Dowl. P. C. 726 164 

Pescod V. Pesood, 58 L. T. 76 153 

Pianoiani 1. L. & S. W. Ry. Co., 18 C. B. 226 124 

Pickering Phipps r. L. & N. W. Ry. Co., 8 Times L. R. 419 ...42, 48, 69 

Pickford v, Cal. Ry. Co., 1 N. & Mao. 262 ; 4 Ct. Sess. Cas. 3rd Ser. 

766 62, 63, 54, 56, 61 

Pickthall V, Merthyr Local Board, 2 Times L. R. 805 168 

Plows r. Middleton, 6 Q. B. 845 165 

Ponsford i^. Swaine, Johns. & H. 433 « 174, 176 

Pontifex r. Hartley, 8 Times L. R. 657 142 

V. Mid. Ry. Co., 3 Q. B. Div. 23; 47 L. J. Q. B. 28 ; 37 

L.T.403; 26 W. R. 209 109 

Portway v. Colne Valley & Halstead Ry. Co., 7 B. & Mao. 102 ... .27, 28 

Potter V. Newman, 2 C. M. & R. 742 ; 4 Dowl. P. C. 604 ; IJ. & G. 

29 166 

Price r. L. & N. W. Ry. Co., 11 Q. B. D. 486 ; 62 L. J. Q. B. 764 . . 83 

Patney Overseers v, L. & S. W. Ry. Co., 1891, 1 Q. B. 440 ; 60 L. J. 
Q.B.438; 64 L. T. 280 ; 39W.R.291 18 

Randcgger r. Holmes, L. R. 1 C. P. 679 158 

Randell v, Thompson, 1 Q. B. Div. 748 ; 45 L. J. Q. B 713 ; 36 L. T. 

193; 24W.R.37 168 

Ransome v. Eastern Counties Ry. Co. (No. 1), 1 N. & Mac. 63 ; 1 C. B. 

N. S. 437; 26 L. J. C. P. 91 69 

(No. 2), 1 N. & Mac. 109; 4 

C. B. N. S. 13o ; 27 L. J. 

O. P. 166 47 

(No. 3), 1 N. &Mac. 116, not quoted 

(No. 4), 1 N. & Mac. 166 ; 8 

C. B. N. S. 709 . . 46, 46, 47, 59 

Rcdfem v, Redfem, (1891) P. 139 ; 60 C. J. P. 9; 64 L. T. 68 ; 39 
W. R. 212 ; 7 Times L. R. 167 161 



• • • 



PLAINTIFFS. XXm 

FAin 
Begina v, VreoQes, (1891) 1 Q. B. 360 ; 60 L. J. M. C. 62 ; 64 L. T. 

389 ; 39 W. B. 366 163 

Bex V. Hill, 7 Price, 636 167 

Bhymnej By. Co. v. Bhynmey Iron Co., 26 Q. B. IHy. 146 ; 6 B. ft 

Mac. 60 36,44,46,47,48 

Bice 9. Bazendale, 7 H« & N. 96; 30 L. J. Ex. 371 116 

BichardBQii r. Mid. By. Co., 4 B. ft Mac. 1 46,47,69,61 

V. NorUi Eaatem By. Co., L. B. 7 C. P. 76 ; 41 L. J. 

C. P. 60; 26L. T. 131; 20 W. B. 461 103, 106 

Boberts r. Mid. By. Co., 26 W. B. 323 HI 

Bobertson v. G. S. ft W. By. Co., 2 N. ft Mac. 374 60, 61 

V. M. G. W. By. Co., 2 N. ft Mao. 409 60,61, 91 

BobbB, J?j;i»r^^, 7I>owLP. C. 666 ; 106 

Bobinaon v. G. W. By. Co., L. B. 1 C. P. 329 ; 36 L. J. C. P. 124 ; 

14 W. B. 206 142 

9. L. ft S. W. By. Co., 19 C. B. N. S. 61 ; 34 L. J. C. P. 

234; 13W.B.660 138 

Bodocanacbi v, Mnbimi, 18 Q. B. Dir. 67 ; 66 L. J. Q. B. 202 ; 66 
L. T. 694 ; 36 W. B. 241 ; 6 Asp. M. C. 100 116 

Booth V, N. £. By. Co., L. B. 2 Ex. 173 ; 36 L. J. Ex. 83 ; 16 L. T. 

624; 16W.B.695 109,140 

Boeevear Co., JSx parts, In re Cock, 11 Ch. Diy. 660 ; 48 L. J. Bk. 

100; 40L. T. 730; 27 W. B. 591 108, 109 

Bontledge v. Thornton, 4 Tannt. 704 169 

Boyal National Lifeboat Inst. r. L. ft K. W. By. Co., 3 Times 
L.B.601 110 

Bumsey v, N. E. By. Co., 14 C. B. K. S. 641 ; 32 L. J. C. P. 244 ; 

8L.T.666; 11 W. B. 911 139 

Boshforth v. Hadfield, 6 East, 619 ; 2 Smith, 264 ; 7 East, 224 ; 

3 Smith, 221 98 

Bussell V. Bussell, 14 Ch. Diy. 471 ; 49 L. J. Ch. 268 ; 42 L. T. 

112 169 



Salisbury ft Dorset By. Co. v. L. &S. W. By. Co., 3 K. ft Mac. 314 . 76 

Salkeld, J» r^, 4 P. & D. 732 ; 12 A. ft E. 767 166 

Scaife v, Farrant, L. B. 10 Ex. 358 ; 44 L. J. Ex. 234 ; 33 L. T. 

278; 23W.B.840 106 

Scarfe f'. Morgan, 4 M. ft W. 270; 1 H. ft H. 292 98 

Schotsmans v. Lane, ft York. By. Co., L. B. 2 Ch. 332 ; 36 L. J. 
Ch.361; 16L.T. 189; 16 W. B. 537 109 

Schnlze v. G. E. By. Co., 19 Q. B. Div. 30 ; 66 L. J. Q. B. 442 ; 57 
L.T.438; 36 W. B. 683 116 

Soottf^. VanSandau, 6Q. B. 237; 8 Jur. 1114 160 

Searle v, LaTorick, L. B. 9 Q. B. 122 ; 43 L. J. Q. B. 43 ; 30 L. T. 

89;22W.B.367 113 

Seton V, Lafone, 19 Q. B. Div. 68 ; 66 L. J. Q. B. 415 ; 67 L. T. 
547; 36W.B.749 HI 

Sevem and Wye By. Co. v. G. W. By. Co., 6 B. ft Mac. 156 .. . 68, 73, 76 



XXIV TABLE OF CASES. 

PAOK 

Shaw and Bonaldson, In re, (1892) 1 Q. B. 91 ; 61 L. J. Q. B. 141 ; 

8 Times L. R. 85 152, 163 

Shepherd v, Bristol and Exeter Bj. Co., L. B. 3 Ex. 189 ; 37 L. J. 
Ex. 113; 18L.T. 528; 16 W. R. 982 107 

Sheridan t>. Nagle, 6Ir. G. L. 110 170 

Shubrook r. Tuftnell, 46 L. T. 749 170 

Simons r. G. W. Ry. Co., 18 C. B. 805; 26 L. J. C. P. 25 141 

Simpson v, L. & K. W. Ry. Co., 1 Q. B. D. 274 ; 45 L. J. Q. B. 

182 ; 33 L. T. 805 ; 24 W. R. 294 116 

Skmner v. Upehaw, 2 Ld. Rajm. 756 , 98 

Skinningroye lion Go. v. K. E. Ry. Go., 2 B. & Mac. 244 . .55, 56, 57, 58 
Smith and Service and Nelson, In re, 25 Q. B. Div. 545 ; 59 L. J. 

Q. B. 533 ; 63 L. T. 475 ; 39 W. R. 117 ; 6 Times L. R. 

434 152, 156 

Smith V, Home, 8 Taunt. 144 ; 2 Moore, 18 : Holt, 613 118 

V. Hartley, 10 G. B. 800 ; 2 L. M. ft P. 340 ; 20 L. J. G. P. 

169 168 

Solway Jn. Ry. Go. r. MaryportRy. Go., 3 N. ft Mao. 264 76 

Somes V, British Empire Shipping Go. See British Empire Shipping 

Go. V. Somes. 

South Eastern Ry. Go. v. Railway Gommissioners, 6 Q. B. Div. 586 ; ^^ 

3 K. ft Mac. 464 ; 50 L. J. Q. B. 201 ; 44 L. T. 203.... 16, 19, 20, 

22, 28 

Southsea ft Isle of Wight Steam Ferry Go. v, L. ft S. W. Ry. Go., 

2K. ft Mao. 341 56,78 

Sowerby v, O. K. Ry. Co., 7 Times L. R. 260 ; 7 B. ft Mac. 156 ; 

60 L. J. Q. B. 467 ; 66L. T. 546 8, 185 

Spence v. Eastern Gounties Ry. Go., 7 Dowl. P. G. 697 160 

Spencer r. Newton, 6 A. ft E. 623 ; 1 N. ft P. 823 ; W. W. ft D. 232 164 
Stallard v. G. W. Ry. Go., 2 B. ft S. 419 ; 31 L. J. Q. B. 137 ; 

6L. T. 217; low. R. 488 113, 114 

Stephens r. L. ft S. W. Ry. Go., 18 Q. B. Diy. 121 ; 56 L. J. Q. B. 

171; 56L. T. 226; 35 W. R. 161 127, 129 

Stephenson 9. Hart, 4 Bing. 476 ; 1 M. ft P. 357 109 

Stewart v. L. ft N. W. Ry. Co., 3 H. ft G. 135 ; 33 L. J. Ex. 199 ; 

10L.T.302; 12 W. R. 689 135 

r. N. B. Ry. Go., 5 Gt. Sess. Gas. 4th Sar. 426 110 

Stoessiger v. S. E. Ry. Go., 3 E. ft B. 549 ; 23 L. J. Q. B. 293 .... 120 

Stuart t;. Grawley, 2 Stark. 323 , 104 

Swain r. Shepperd, 1 M. ft Rob. 223 107 

Swannca Tramways Go. v. Swansea ft Mumbles Ry. Go., 3 N. ft Mao. 
339 19 

Swindon ft Marlborough Ry. Go. v. G. W. Ry. Go., 4 B. ft Mao. 

349 72 

Symcs r. Goodfellow, 4 Dowl. P. G. 642 ; 2 Bing. N. G. 532 ; 2 Scott, 

769 164 

Syms t\ Ghaplin, 5 A. ft E. 634 ; 1 N. ft P. 129 ; 2 H. ft W. 411 . . 127 



PLAINTIFFS. XXT 

PAOB 
Tal-j-Iiyn Bj. Co. «. Ounbrian Bj. Co., 5 B. ft ICac. 122 76 

Taylor «. G. N. By. Co., L. B. 1 C. P. 3S5; 35 L. J. C. P. 210.... 110 

Temple, jEr/Hirl^ 2 Yes. ft B. 391 ; 2 Bcoe, 22 104 

Templenum, Jm fv, 9 DowL P. G. 902 ; Jor. 324 100 

Thanu Sulphur ft Copper Co. 9. L. ft K. W. By. Co., 3 K. ft Mais. 

465 22,24, 19t 

ThoU. Henderaon, 8 Q. B. D. 457 ; 40 L. T. 483 110, 117 

Thomaa r. North Stair. By. Co., SN. ft Mac. 1 20,22, 23 

Thompaoa «. L. &K. W. By. Co., 2 N. ft Mao. 115 59 

Thorbum «. Barnes, L. B. 2 C. P. 384 ; 30 L. J. C. P. 184 ; 10 L. T. 

10; 15W.B.023 104 

Thorpes. Hid. By. Co., 11 Bep. By. Com. 1 59 

miamr. Copp, 5C. B. 211 100 

Tamhnaon v. L. ft K. W. By. Co., 03 L. T. N. S. 80 ; 7 B. ft Mae. 

22 88, 90, 91, 94, 90 

Torbay ft Bzixham By. Co. v. Sonth Deron By. Co., 2 N. ft Mao. 

391 75 

Trainor v, Phcanix Fire Insoranoe Co., 8 Times L. B. 37 159 

Treadwin v. O. E. By. Co., L. B. 3 C. P. 308 ; 37 L. J. C. P. 83 ; 
17L.T.601; ieW.B.365 121 

Trent ft Mersey Co. IT. Wood, 4 Dongl. 287 102 

Tryer r. Shaw, 27 L. J. Ex. 320 100 

Tullis V. Jacson, (1892) W. N. 100 172 

Tunno, In re, 6 B. ft Ad. 488; 2K. ftM. 328 154 

TameriT. a. W. By. Co., 34L.T. N. 8. 22; 13 Cox, C. C. 191.... 129 

Tamook v. Sartoris, 43 Ch. Dir. 150 ; 02 L. T. 209 ; 38 W. B. 340. 157 



Van Toll v. S. E. By. Co., 12 C. B. N. S. 75 ; 31 L. J. C. P. 241 ; 
OL. T. 244; 10 W. B. 578 134 

Vanghton v. L. ft N. W. By. Co., L. B. 9 Ex. 93 ; 43 L. J. Ex. 75 ; 
SOL. T. 119; 22W. B, 330 128, 129 

Victoria Coal ft Iron Co. v. Keath ft Brecon By. Co., 3 N. ft Mac. 

37 18,21 

Yictoriaa Bailway Commrs. v. Conltas, 13 Ap. Cas. 222 ; 57 L. J. 

P. C. 09; 58L.T. 390; 37W. B. 129 117 



Walfoid r. Prince S.S. Co., 90 L. T. Jo. 407 157 

Walker IT. Frohiaher, Yes. 70 105 

Wallaoer. Dublin ft Belfast By. Co., 8 Ir.B.C.L. 341 124 

V. Wood, By. ft M. 194 98 

Waller r. M. O. W. By. Co., 4 L. B. Ir. 370 117 

r. York ft N. Mid. By. Co., 2 E. ft B. 750; 23 L. J. Q. B. 

73 120, 132 

Wallia V. Hirsch, 1 C. B. K. S. 310 ; 20 L. J. C. P. 72 158 

V. L. ft S. W. By. Co., L. B. 5 Ex. 02; 39 L. J. Ex. 57 ; 

21L.T. 076; 18W.B.347 97 



XXYl TABLE OF CASES. 

PAOB 

"Wannan v, Scot. Cent. Ry. Co., 1 N. & Mao. 237 ; 2 Cfc. Seas. Caa. 
3rd Ser. 1373 63, 61 

Wamer v. Powell, L. R. 3 Eq. 261 ; 16 W. R. 303 167 

Warwick & Birmingham Canal Nav. Co. v. Birmingham Canal Co., 

3 N. & Mao. 113, 324 ; 6 Ex. D. 1 ; 48 L. J. Ex. 650 ... .71, 74, 76 

Watlrins V. Rymill, 10 Q. B. D. 178 ; 62 L. J. Q. B. 121 ; 48 L. T. 

426; 31W.R.337 126 

Watkinson v, Wrexham, Mold & Connah's Quay Rj. Co. (No. 1), 

3 N. & Mao. 6 24, 86, 191 

(No. 2), 3 N. & Mao. 164 22 

(No. 3), 3N. & Mac. 446 22, 87 

Watson V. G-. W. Rj. Co., 9th Annual Report Railway Com- 
missioners 12, 18, 19 

Way V. a. E. Ry. Co., 1 Q. B. D. 692 ; 46 L. J. Q. B. 874 ; 86 L. T. 

253 129 

Webbv. a. W. Ry. Co., 26 W. R. Ill 143 

r. Taylor, 1 Dowl. & L. 676 ; 13 L. J. Q. B. 24 , 164 

West V. L. & N. W. Ry. Co., L. R. 6 C. P. 622 ; 1 N. & Mac. 166 ; 

39 L.J. C. P. 282; 23 L. T. 371; 18 W. R. 1028 20,42, 60 

Westfieldv. G. W. Ry. Co., 62 L.J. Q. B. 276 99, 100 

Wbaite v. Lane. & York. Ry. Co., L. R. 9 Ex. 67 ; 43 L. J. Ex. 47 ; 

30 L. T. 272 ; 22 W. R. 374 126 

Whatley v. Morland, 2 C. & M. 347 ; 2 Dowl. P. C. 249 ; 4 Tyr. 266 161 

Whiteley& Roberts' Arbitration, Inre, 1891, 1 Ch. 658 ; 60 L.J. Ch. 

149 ; 64 L. T. 81 ; 39 W. R. 248 178 

Whitworth, In re, Ex parte Gibbes, 1 Ch. D. 101 ; 46 L. J. Ch. 10 ; 

33L.T.479; 24 W. R. 298 108 

Wilkinson v. Verity, L. R. 6 C. P. 206 ; 40 L. J. C. P. 141 ; 24 L. T. 

32; 19W.R.604 .^ 114 

Willesford v. Watson, L. R. 8 Ch. 473 ; 42 L. J. Ch. 447 ; 28 L. T. 

428; 21 W. R. 360 167, 158 

Williams f>. G. W. Ry. Co., 62 L. T. 250 106 

Williams & Stepney's Contract, In re, 1891, 2 Q. B. 267 ; 60 L. J. 

Q. B. 636; 66L. T. 208; 39 W. R. 633 176, 176 

Willis v. Wakeley, 7 Times L. R. 604 178 

Wilson V. Eastern Counties Navigation & Transport Co., 1892, 1 Q. B. 

81; 8 Times L. R. 264 166 

r. Lano. & York. Ry. Co., 9 0. B. N. S. 632 ; 30 L. J. C. P. 

232 ; 3 L. T. 859 ; 9 W. R. 636 116 

Wiltshire Jxon Co. v. G. W. Ry. Co., L. R. 6 Q. B. 101, 776; 40 

L.J. Q. B. 43, 308; 23 L. T. 666; 19 W. R. 177, 935 99 

Winsford Local Board v. Cheshire Lines Committee, 24 Q. B. D. 466 ; 
7 B. & Mac. 72 ; 69 L. J. Q. B. 372 ; 62 L. T. 268 ; 38 W. R. 
611 17, 18 

Woodger V. G. E. Ry. Co., 2 N. & Mac. 102 61 

V. G. W. Ry. Co., L. R. 2 C. P. 318 ; 36 L. J. C. P. 177 ; 

16L.T.679; 16 W. R. 383 117 

Woodruff r. Brecon & Merthyr Tydfil Jn. Ry. Co., 28 Ch. Div. 190 ; 

64 L. J. Ch. 620 ; 62 L. T. 69 ; 33 W. R. 125 27 



• • 



PLAINTIFFS. ZXVU 

VAOE 

WoodwaitL r. L. ft N. W. Bj. Co., 3 Ex. D. 121 ; 47 L. J. Ex. 263 ; 

38L. T. 321; 26 W. K. 354 122, 125 

Worsdell, In re. Ex parte Barrow, 6 Gh. D. 783 ; 46 L. J. Bk. 71 ; 

36 L. T. 325 ; 25 W. B. 466 108 

Wren r. Eastern Gomitiee By. Co., 1 L. T. N. 8. 6 110 

Wright r. SneU, 6 B. ft Aid. 360 100 

Wykes 9. Shipton, 3 N. ft M. 240 168 

Wyld V. Pickford, 8 M. ft W. 443 118,121 

York, Newcastle ft Berwick By. Co. v. Crisp, 14 C. B. 627 ; 23 L. J. 
C.P.126 126 

Yorke v. Grensngli, 2 Ld. Baym. 876 98 

Yonng* 9. Gwendraeth Valleys By. Co., 4 B. ft Mao. 247 30 



ZxLnz r. S. E. By. Co., L. B. 4 Q. B. 539 ; 38 L. J. Q. B. 209 ; 20 
L. T. 873 [Mine case snb nom. Tomer r. 8. E. By. Co., 10 B. ft 
8.594; 17W.B.1096] 134 



' 



ZXTIU 



TABLE OF CASES. 



DEFENDANTS. 



Pi.OB 

Abraham, Atkinfion 9. • 165 

Armstrong, Elbinger Action 
Oesellsohaft 9 116 



Baker, Hagger v 164 

Balfonr, In re Greene and .... 171 

Hooper v 171 

Bank of British Colombia, 
Anderson v , • 162 

Bankin, Hamilton v 165 

Barclay, Devereux v. ...... 114 

Barnes, Farrant v 146 

Thorbumr 164 

Bartlett,L.&N.W.Ry.Co.v. 110 

Bazendale, Bernstein v. .. 121, 122, 

123 
Hadlejv 116 

Hart V. . . 120, 122, 126 

Hudson V 102, 112 

Bioev 116 

Beddon, Beddon V 172 

Belfast Central By. Co., Gt. N. 
Ky. Go. (Ir.) v 71 

Bernard, Coggs 9. 113 

Birch, Freeman v 107 

Birmingham & Derby Jn. By. 
Co., Att.-G^en. v, . • 

Birmingham Canal Co., War- 
wick & Birmingham Canal 
Co. 9 71,74,76 

Black, Munday v • 160 

Bolt,Hiortv 114 

Bourne, Gtatdiffe tf 102 

Boustead, Gray and, In re,,,, 169 

Boutcher, Brandt and, In re,. 171 

Brasch, Millen v 123 

Brecon & Merthyr Tydfil Jn. 
Ry. Co., Woodruff v 27 

Bridges, Bidder 9 162 

Briscall, Ohrloff v 102 

Briscoe, Deutsche Springstofl 
Aotien Gessellsohaft v 158 



34 



Bristol & Exeter By. Co., 

Baxendfue v. . . 61 

Coombs V 107 

Garton v. . . 42, 46, 49, 

60, 61, 97, 141, 210 

Shepherds 107 

Bristol Port & Pier Co., G. W. 
By. Oo. v» •••••••.•*•••• ^^ 

Brown, M. 8. A L. By. 
Co. V, •••••••••••••• 137, 138 

Bunch, G. W. Ry. Co. r 136 

Burnett, Owen v 121, 126 

Bussey, Hammond v 115 

Cairns, N. E. By. Co. f 112 

Caledonian By. Co., Greenock 
& Wemyss Bay By. Go. v. 68, 206 

Menzies v. . . 31, 49, 60, 

61, 64, 60 

— ^» Nitahill & Lesmaha- 
gow Coal Co. V. 46, 60 

Piokford v. . . 62, 53, 64, 

66,61 
Cambrian By. Co., Tal-y-llyn 
By. Go. v, •••••••••••••• 76 

Carter, North Brit. By. Co. r. 97 

Cattle, Miles r 118 

Chaplin, Coates v • 107 

Bymsr 127 

Chapman, Boyce v • • . . • 129 

Cheshire Lines Committee, 
Winsford Local Board IT. ..17, 18 

Chiloote, Gladwin V 160 

Christy, Lishman v, . • • 111 

Clark, Bethell IT 108,109 

Cockermouth & Working^ton 
By. Co., Harris v 47, 48 

CoUinson, Holdemess v 98 

Golne Valley & Halstead By. 
Co., Portway r ,27,28 

Cooper, Fetherstone v. . . 169, 166 

Copp, Tillam r 160 

Cotton, Lane v. 106 



DEFEND AUTS. 



PAOB 

Gonltoa, Victorian B7. Com- 
xniaaioaflrBr 117 

Onwlejr, StuBTi V 104 

Crisp, York, Newcastle k Ber- 
wick Rj. Go. 9 126 

Croflkey, European & American 

SS.Co.r 153 

Cronoh, a. W. Rj. Co. r 113 

Curtis, Ginder v 165 

Davison, Att.-Gen. 9. ..•••• 164 

Dibbin, Hinton 9 124 

Dick, Eimberlx 1^ 172 

Donoyan, Batson f^ 118 

Doableday, Lillej v 114 

Drew, Drew 9 165 

Dubbin, Wallace 9 124 

Eade, Lingwood 1^. .••.....• • 172 

Eomes, Maybew V ..•• 118 

Eastern & llidlands By. Co., 
Matter 9 • 86 

Eastern Counties By. Co., 

Beadellv 22, 56 

Bansomer. 45,46,47,59 

Spencer 160 

Wrenc 110 

Eastern Covmties Kayigation 
& Transport Co., Wilson v.. . 156 

Ellis, Larobin 9 165 

Evershed, L. ft K. W. By. 

Co. 9 33, 34 

Falk, Kempv 109 

Farrant, Soaife 9 105 

Festimog By. Co., Diphwys 

Caason Slate Co. 9. 47, 48 

Holland 9 44, 47 

Florence, MoQiner 9 98 

Freeman, Hid. By. Co. r 106 

Frolnaher, Walker r 165 

Fnmess By. Co., Kirkstall 

Brewery Co. 9. 129 

• North Lonsdale Iron 

Co.* 41,58 

Gkde, Bignall 9 165 

Oarton, Heame 9 146 



QatcUffe, Bourne « ••• 102 

Gandet, France r 115 

Gidlow, Lane. & York By. 
Co.r 83, 191 

Glasgow ft South Western By. 
Co., Ayrshire ft Wig- 
tonshire By. Co. «. . . 62 

— — Napier 9 56, 78 

Gknister, G. W. By. Co. ♦. . . 148 

Goodfellow, Symes 9 164 

Great Eastern By. Co., Baxen- 

dalev 126, 142 

Cobnaar 59, 61, 91 

. CoTentry 9 Ill 

Cox» 83 

Foreman 9 45, 69 

Schuke* 115 

Treadwinr 121 

Wayv 129 

Woodger 9 61 

Ghreat Indian Peninsular By. 
Co., Martin r 143 

Gtreat Northern By. Co., 

Barretv 20, 22 

Behrensr 123 

Belfast Central By. 

Co.r 71,72,77 

Corriganr 141 

-.^-^— Crouch V. 33 

Dickson r... 17, 56, 81,82, 

105, 135, 137, 139, 146 
Higginbotham 9. . .. 104 

Londonderry Har- 
bour Commission- 
ers, V. , . 10, 23, 46, 57, 

62, 8i 
Moore ff 139 

Newry ft Armagh 

By.Co.r 72 

Newry Narigation 

Co.r. 19,20,21,23,77 

Newry Town Com- 
missioners ... 44, 45, 59 

' Sowerby r 8, 186 

^ Taylor 1' HO 

Great North of Scotland By. 
Co., Aberdeen Commercial 
Co.r 21,28,60,81,192 



TABLE OF CASES. 



PAOB 

Great Sonthern & Weetem B7. 
Co., Cork DifitUleries 
Co.r 110 

Fishboume v. . . 60, 62, 60 

Grogartyr 129 

Robertson r. ...... 60, 61 

Groat Western Ry. Co., Ald- 

ridge v. .'. 106, 107, 142 

Alldayr.. 140 

Baxendale r 61, 49 

Bbwerr 102, 103 

Bronghton & Plas 

Power Coal Co. v. 46, 68 

Browne 29, 31, 83 

Bnnch v/ 186 

-^— — £x parte, In re 

Bnahell 100 

Buttt> 122 

Central Wales & Car- 

marthen Jn. Ry. 
Co. i> 68, 73, 74 

Chapman v 112 

Crouch V 98,113 

East & West Jn. 

Ry. Co.r 76 

Edwards v 189 

Fowleer 107 

Gordon v 143 

Hanunans, Foster ft 

Co. V 18, 21, 23 

Harris r 113 

Hoarer 143 

Lewis v.. . . 138, 139, 143 

— ^— ^ LiverpoolCom Trad« 

era' Association r. . 38 

McQneen r 128, 129 

Mid. Ry. Co. v. ... . 74 

Nicholson V. . . 46, 47, 66 

O'Hanlancr 115 

Parkinson v. ...... 63 

. Patscheider v , 112 

Robinson v r 142 

- Severn & Wye Ry. 

Co. i> 68, 73, 76 

Simons 141 

Stallardv 113,114 

Swindon & Marl- 
borough Ry. Co. r. 72 



PAGE 

Great Western Ry. Co., Tur- 
ner «. ... . 129 

Watson t; 12, 18, 19 

Webbt> 143 

Westadd tr 99, 100 

Wimams> 106 

Wiltshire Iron Co. v, 99 

Woodgerv 117 

Greenock & Wemyss Bay Ry. 
Co., Cal. Ry. Co. i> 77, 78 

Greenwood, Lane. & York. Ry . 
Co. V 36 

Grenaugh, Yorke v 98 

Groyes, Dobson v 166 

Guild, Cal. Ry. Co. r 97 

Gwendraeih YaUey Ry. Co., 
Young V. • 30 

Hadfield, Rushf orth r 98 

Haigh, Haighv 160, 178 

Hallet, Hallet r 167 

Hardiug, Darlington Waggon 
Co. V 169, 177 

Hart, Stephenson v • 109 

Hartley, Anning V. ,. 166 

Pontifexr 142 

Smith r. , 168 

Henderson, Thol v 116, 117 

Hickman, Hopcraft v 173 

Hill, Rex r 167 

Hirsch, Wallis r 168 

Hobbes, Lowett v 106 

Holmes, Randegger 9. 168 

Home, Smith t?. 118 

Howkins, Jephson v 170 

Hughes, Caerleon Tin Plate 
Co. V 168 

Hunter, Baker v 170 

Jaoson, Tullis r 172 

James, James r 162,164 

Johnson, Liver Alkali Co. r. . . 106 

Lyon r 167 

Jones, Ford r 153 

Kennedy, Lyell i; 162 

Knight, Barton r 172 



DEFENDANTS. 



TAffB 

Laf one, Seton 9 • Ill 

Lsnoaahire & Preeton Bj. Co., 
Moschampr 107 

Lancaflhire & YorkBhiieRj.Go., 

Bolton r 108 

Carrr .132,144 

Johnson r 114 

Lees V , 39 

'■ — HcMannB* 136 

McNallyv 141 

MitcheUp 111,112 

— — — Schotsmana r 109 

Whaiter 126 

Wilflonr , 116 

Latham, Johnaon r 171 

Laveriok, Searle p 113 

Lee, Lord v 167 

Legga, Jenkins v 1C5 

Leicester (Corporation), Eyre 
and, In re 155, 157 

Leqnesne, Chioot r 172 

LiddeU, Hinde v. • 115 

Lintott, Baylis v 117 

Lirerpool (Major of), Gongh 
ana, J» r^ 170 

Lockhart, Cal. Bj. Co. r 173 

London & North Western Bj. 

Co., Anderson r. . . 122 

Blankensee r 128 

Buddr 58 

Carrr Ill 

Central Wales & Car- 
marthen Jn. Bj. 
Co. V. . . 68, 73, 76, 82 

City of Dnblin Steam 

Packet Co. 9 23, 62 

Cobledick r 27 

D'Arci; 142 

Diatington Lx)n Co. 
9 30 

Eyershed v. . 33, 34, 48, 69 

Hales V Ill, 116, 117 

Harhome By. Co. v. 96 

Harer 16, 101 

Henderson v , 122 

Henghf...l09, 111, 112, 

114 



TAOE 

London & North Western By. 

Co., Hiort V 1 14 

Holyhead Local Bd. 

9 20,23 

Hooper 9 1C8 

LlTerpool Com Trad- 
ers* Association v. 10, 
38, 57, 58 
MoCance r. 138 

Pelsall Coal Co. v. . 86, 88, 

89, 90, 94, 96 
— — Perkins r. , , 86 

Pickering, Phipps r. . .42, 

48, 59 

Prlcer 83 

Boyal National Life- 
boat Institution r. . 110 

Simpsons. ,,,.,.,, 116 

— ^— Stewart r 136 

Thanis Sulphur & 

Copper Co. v. 22, 24, 191 

Thompson v 59 

Tomlinson 9. ..88, 90, 91, 

94,96 
Yaughtonr 128, 129 

Westr 20,42,60 

Woodward r. . . 122, 125 

London & St. Katherine Docks 
Co., Nitropho9phate Co. r... 104 

London & South Western By. 

Co., Baxendale r. 35, 50 

Ford r. . . 23, 43, 49, 50, 

52, 54, 55, 60, 99 

Qoddard r...50, 54, 55, 61 

BEarris r 20 

Heamv 124 

— Hfracombe Convey- 
ance Co. V 22, 57 

Le Conteur v 123 

Machut; 129 

Marriott v. ,,, 57 

Myers v, 82, 196 

Northt' 97 

' Pianciani 9 124 

Putney Overseers r. . 18 

— ^— Bobinson r 138 

Salisbury & Dorset 

By. Co. f 76 

— — Southsen & Itde of 
Wight Steam Ferry Co. 9. 66,78 



xxxu 



TABLE OF CASES. 



PAGE 

London & Sonth Western B7. 

Co., Stephens f. 127,129 

WaUisr 97 

London, Brighton & South 
Coast Ry. Co., Ash- 
endont'... 135, 139, HO 

Caterham Ry. Co. v. 19 

Hall V, ..79, 92, 184, 185 

Harrison r..l04, 135, 136, 

140 

MetcaKer 128,129 

Painterr 22,57 

' Palmer v 48 

London, Chatham & DoTor By. 

Co., Bailey v 91 

Baldwin r 110 

i Baxendalev 115 

• Berry v. • • 92 

Lord, Lord V. .••••••• •••••t 153 

Slagill, Hamilton v 116 

Manchester (Mayor of) Knt- 
tallr 158,172 

Manchester, Sheffield & Lin« 
oohishire Ry. Co., 
Bennet v. , 42 

BoUandsv Ill 

^ Denaby Main Colliery 

Co.t> 33—35,41,58 

Dunkirk Coll. Co. v. 160 

Fleming r 117 

Gillv 143 

North Central Wag- 
gon Co. 1; 97,100 

M'lvor, M'Kean r 109 

Marcus, In re McLean and . . 171 

Marshall, Armstrong r. 164 

. Stevens & Co. v 108 

Maryport Ry. Co., Solway Jn. 

By.Co.v 76 

Mason, Dayeyv 122,123 

Merthyr Local Board, Pick- 

thalli? 168 

Metropolitan Ry. Co., Clout v. 173 
Met. District Ry. 

Co. 9m •••••••• 74 

Palmer p • 167 

Metropolitan District Ry. Co., 
Foulkesi? 108 



PAGE 

Middleton, Plews r 165 

Midland Ry. Co., Beeston 

Brewery 9. ••.... 25, 59 

BeUv 27, 48, 59 

Birchgrove Steel Co. r. 91 

Brunt V 122, 125 

Candy V 116 

Doolan v 134, 141 

Girardot, Flinn & 

Co. 9 25,47,59 

Homei; 116,117 

Howard v 91 

• Jamesons 116 

Johnson v. . .16, 101, 105 

Zentr 107, 134 

Lord* Ill, 139 

Myttonv 122 

Pontifexv 109 

^-^^— Richardson v, .46, 47, 59, 

61 

Roberts^ HI 

— ^— Thorpe t^. •••••..•• • 69 

Midland Great Western Ry. 
Co., Dublin &Meaih 
Ry. Co. V , , , 21 

Dublin Whisky Dis- 
tillery Co. V 22, 26 

— ' Fishboume v 50 

Lrvinev. ,.,, 117 

Robertson r. . . 50, 61, 91 

Wallers 117 

Milbum, Rodocanachi 9 115 

Monmouthshire Ry. & Canal 
Co., Peglerv 82 

Morgan, Minet v 162 

Scarier 98 

Morland, Whatley v 161 

Monrille, GKN.Ry.Co.r..., 126 

Nagle, Sheridan 1^ 170 

Neath & Brecon Ry. Co., Vic- 
toria Coal Co. v 18,21 

Nelson, Mayhew v 121 

In re Smith & Service 

and 152, 155 

Newman, Potter v 166 

Newport, Field v 97 



DEFSMDANTS. 



zzxm 



PAOB 

Newton, Spencer v. ......... • 164 

Kofman, Fergaasan r. ...... 170 

Korihampton ft Banbnzy Bj. 
Co., LLoyd 9 76 

KorUi British By. Co., Bells- 
dyke Goal Go. 9. . . 46 

GaLBy. Go. r 73 

Einlay v 136 

Manfarlane v 81,61 

North MonUand By. 

VO. V» ..a... .*•• /4 

Stewartr 110 

North Gentral Waggon Go., 
H. 8. & L. By. Go. 9. ..97, 100 

North, Ghappdl 9 169 

North De7on By. Go., Baxen- 
dale* 43,49,60 

North JIastem By. Go., 

Donald v 62, 82 

— — Johnson 9, •..,.,.. 103 

Jones »..,.. 86, 91 

' Looke 9 60 

Morritt* 124 

■ Ozlade »...66, 66, 86, 90 

Biehardson r. . . 103, 106 

Booths 109,140 

■ Bumsey 9, , 139 

Skinningroye Iron 

vX). V. ..*... .... ••.... 00~— Oo 

North London By. Go., Gnt* 
lerr 141 

North Staffordshire By. Go., 

Bidder 9 170 

-^— — - Ghatterley Iron Co, r . 87 



" Long^ton, AdderW 
Green & BnoknaU 
By. Co. r 76 

Peek 9 104, 136, 137, 

139, 142 

Thomas 9 20, 22, 23 

Nugent, (}r6bert Borgxds v. ,, 116 



Paddington Vestry, GoUins r. 170 

Parker, Hemming 9 • 166 

Pearson, Lnxy v 158 

Pesood, Pesood 17 163 

PhoBniz Fire Insaranoe Go., 
Trainorv., 159 



PAOB 

Piokf ord, Wylde 9 118,121 

Pink,Boy8« 121 

Pittitfd, Forward r 102 

Powell, Warner* 167 

Prioe, ArbooUe 9 162 

L. & N. W. By. Go. 9. 191 

Prince, Walford r 167 



Qoeen Insozttace Go., Ken- 
worthy 9. • 



159 



Bailway GommissionerB, G. W. 

By. Go. tf 29 

8. E. By. Go. r.. .16, 19, 

20, 22, 23 

Bedfem, Bedfem V 161 

Bedmayne, O. W. By. Go. r. 117 

Bhyinney Iron Co., Bhymney 
By. Go. 9 36, 44, 46, 47, 48 

Bimmell, G. N. By. Go. r. . . 102, 

128, 129 

G. W. By. Go. r. . . 102. 

127, 129 
Bobert's Arbitration, In re 
Whitelyand 173 

Bobertson, Eastern Counties 
By. Go.r 164 

Bonaldson, In re Shaw and, 152, 1 63 

Bose, Kemp* 172 

Bussell, Bussell r 159 

Bymill, Watkins 9 126 

St. Katharine's Docks, Gbeen v. 97 

Sandyoroft, Gayley 9 162 

Sartcffis, Tnmook 9 157 

Scott, Leaskv 108 

Scott's Arbitration, In re 

OtiTer and 172 

Scottish Gentral By. Co., Wan- 
nan 9 53, 61 

Severn andWyeBy.Go., G.W. 
By. Go. 9, • . . . • 67, 68, 72 

Shaw, East k West India 

Docks 9 20, 42 

Tryerr 160 

Shepperd, Swainv 107 

Sherratt, Edwards r 105 

Shipton, Wykes 9, .......... 168 

C 



TABLE OF CASES. 



PAOB 
Simpflon, Hoseley r 172, 173 

Bmitb, Nugent v 102, 103, 104 

Smithen, Angos r 160 

Snell, Wright r 100 

Solomonson, Datton v 106, 107 

South Boron B7. Co., Bealr. 136, 

139, 144 

Buokfastleigh Ry. 

Co. V, •••••••«•• 76 

' Topbay and Brix« 

ham By. Go. r. . . 76 

South Eastern By. Co., Bar- 
bour 9 104 

' Cohen v 135 

Collardr. , 116 

Flowers r. , , , 122 

— — Oreenop r. ...... 39, 47 

Hawesv 116 

— Le Peintur r 116 

L.G.&D.By.Co.tf. 159 

Maidstone Town 

Council V 18, 19 

Parker r, , 126, 127 

Stoessigerv 120 

■ Turner v. See Zunz 
V, S. E. By. Co. 

Van Toll V 184 

Zunzv 134 

Somes, British Empire Ship- 
ping Co. 9 98 

South Wales By. Co., Pard- 
ingfton V. 132 

Staines, L. k S. W. By. Co. v. 19, 

20, 24 

Starr, Davies r. 158 

Steggall, Perryman r. 164 

Stepney's Contract, In re Wil- 
liams and 175,176 

Stevenson, Henderson i^. , . , . 127 

Stewart & Co., Nobel r 158 

Stocker, Earl « 172 

Sun Fire Office, Blanchaid r. 172 
Sutton, Bradbury 9 123 

Great Western By. 

Swaffield, G. N. By. Co. r., 98, 112 

Swaine, Ponsford v 174, 175 

Swansea, G. W. By. Co. r. . . 110 



PAOB 

Swansea & Mumbles By. Co., 
Swansea Tramway Co. v. . . 19 

Tabernacle Building Society 
JiirfEnightand..l61, 152, 170 

Tafl Yale By. Co., James «... 19 

Taylor, Webbr 164 

Thompson, Bandell v 158 

Thornton, Boutledge v. 169 

Trent k Ueney Co., Hyde v. 1C2 

Trower, Motson v 168 

TufEndl, Shubrook 9 170 

lyier, Eastham 1; 159 

Upshaw, Skinner v , 98 

Van Sandau, Scott 9 160 

Verity, Wilkinson tf 114 

Viall, Chinery f> 114 

Vreones, Begfina v 163 

VuUiamy, Lock v 168 

Wakeley, Willis r 178 

Wallace, Anderson v 178 

Wallis, Mason v 167 

Wanen, Niokalls v 165, 171 

Wase, Emery r 173 

Wateiford & Limerick By. Co., 

. Clonmel Traders 9. . • 85 

Lloyd 9 141 

Watson, Willesford v 157, 158 

West Midland By. Co., Gre- 
gory 9 137 

Willan, Kerr r 118 

Williams, Penrice v 162 

Wilson, Moore v 106 

Wood, Trent & Mersey Co. v. .102 

Wallaoer 98 

Wrexham, Mold & Connah's 
Quay By. Co., Walkinson v. 22, 

24, 85, 87, 191 

Wright, Hennesy r. , 162 

Yarmouth & Norwich By. Co., 
Cory V 86 

York & Derby Coal Co., Hull 
k Bamsley By. Co. 9 85, 46 

York k North Mid. By. Co., 
WaUerr 126, 132 



) 



TABLE OF STATUTES. 



PAOB 

1 Will. IV. 0.68 (The Gazxien Aot), fl. 1 ,. 119 

S.2 120 

M.3,4 125 

S.6 , 127 

8.6 126 

».7 127 

88.8,9, 10 128 

8 &4 Vict. o. 97 (Regulation of Bailways Act, 1840) 26 

6 & 6 "^ot. o. 66 (Railwaj Begrnlation Aot, 1846) 26 

7 & 8 Vict. 0. 86 (Caieap Trains Act, 1844) 16 

8 Vict. o. 20 (BaHways Clanaea Act, 1846), 8. 76 26 

8. 86 80 

8.90 32 

88. 93-97 79,84 

8.97 97 

8. 106 17 

17 ft 18 Vict. 0. 81 (Railway & Canal Traffic Act, 1864) ... .7, 8, 16, 21 

8. 7 132—144 

26 ft 27 Vict. c. 92 (RaOways Glauees Act, 1863) 186 

28 ft 29 Vict. 0. 24 (Oaniers Amendment Act, 1866) 121 

31 ft 32 Vict. o. 119 (Regolation of Raiiwaja Act, 1868) 8 

36 ft 37 "^ct. o. 48 (Regulation of Railways Act, 1873) . .7, 8, 16, 39, 63, 

77, 160 

8. 14 84, 86,87,90 

37 ft 38 Vict. c. 40 (Board of Trade Arbitrations Act, 1874) . . 7, 147—162 
38Vict. c. 17 (Exploeiyes Act, 1876) 146 

41 ft 42 Vict. 0. 74 (Contagions Diseases (Animals) Act, 1878) 106 

c. 76 (The Telegraph Act, 1878) 7 

42 ft 43 Vict. c. 11 (Bankers' Books Evidence Act) 162 

46 ft 47 Vict. c. 34 (The Cheap Trains Act, 1883) 7 

c. 39 (Statnte Law Reyision Act, 1883) 149 

61 ft 62 AHot. o. 26 (RaOway and Canal TrafBo Act, 1888)— 

8.2 8 

8. 6 6, 7 

8. 7 9 

8. 8 7, 8, 69 



XZX71 TABLE OF STATUTES. 

51 & 62 Viot. c. 26 (Railway and Canal Traffio Aot, lSSB)^contd. paob 

B. 9 22, 26, 36 

B. 10 , 81, 79 

fl. 11 19,74 

B. 12 36 

8. IS , 36 

8. 14 19 

B. 17 ,..,., 8,31 

8.24 1, 12, 169 

B. 25 14,64,70,76 

8. 26 w 66,71 

8.27 36,58 

B. 28 ^ 89 

8.29 ^ 40 

8.81 , 13,69 

8. 88 • 12,84 

8. 84 , , 84 

8.37 74 

52 & 58 Tict. 0. 49 (ArMtration Act, 1889)— 

8.1 152 

8.2 153, 161, 168, 166, 167, 175 

8.8 152 

8.4 156,157 

8.6 164 

8.6 156 

8.7 163,168,169 

8.8 161 

8.9 167 

8. 10 171 

8. 11 172 

B. 12 174 

88. 13—17 177, 178 

8. 18 168 

8. 19 169 

8.20 , 175 

8.21 176 

8. 22 163 

8. 23 176 

B. 24 151 

88.25—80 176 

54&55yiot. 0. 39 (Stamp Aot, 1891) 168 



RAILWAY RATES 



AMD TBS 



CARRIAGE OF MERCHANDISE BY RAILWAY. 



INTRODUCTION. 

THE RAILWAY RATES PROVISIONAL ORDERS. 

The provisions as to railway rates whioh are the subjeot 
of Part II. of this book originated in sect. 24 of the Hail- 
way and Canal Traffic Act, 1888 (a), under which every 
railway company was ordered to submit to the Board of 
Trade a revised classification of merchandise traffic, and a 
revised schedule of maximum rates and charges applicable 
J thereto, and to fully state in such classification and schedule 
the nature and amounts of all terminal charges proposed 
to be authorized in respect of each class of traffic, and the 
circumstances under which such terminal charges were 
proposed to be made. 

The Board of Trade were then to consider the classifi- 
cation and schedule supplied by each company, and any 
objections made thereto, and, on the 15th October, 1&89, 
Lord Balfour of Burleigh and Mr. Courtenay Boyle, on 
behalf of the Buard of Trade, commenced a long inquiry 
into the classifications and schedules submitted to them, 
and the objections to the same, hearing the railway com- 
panies on the one hand in support of their classifications 
and schedules, and the traders on the other in support of 



(o) 61 & 62*Vicfc.:tf, S?5. 
D. ' ' B 



INTRODUCTION. 

their objections. The inquiry lasted far into the summer 
of 1890, and in the result the Board of Trade were unable 
to agree with the railway companies upon their respective 
classifications and schedules. 

Under the provisions of the same section of the Act of 
1888 (J), the Board of Trade therefore made out the 
classification and schedules which they thought ought to 
be adopted by nine of the principal English companies (c), 
and embodied the same in the provisional orders which 
were submitted to Parliament in the session of 1891. 

The bills confirming these provisional orders, with the 
various petitions against them, were referred to a joint 
committee, who reported on them towards the close of 
July, 1891, and they have now been passed by Parliament 
and were to come into force on the 1st of August, 1892, 
but by order of the Board of Trade that date has been 
altered to the 1st of January, 1893. 

In the Session of 1892, the provisional orders relating 
to the remaining English companies and to the Irish and 
Scotch companies were confirmed by Parliament. They 
come into force on the 1st of January, 1893, or such later 
date as the Board of Trade may direct. 

There are in all thirty-five provisional orders, of which 
twenty-seven are applicable to the English, one to the 
Irish, and seven to the Scotch Bailway Companies. The 
provisional order is in each case formed, and has appended 
to it a schedule containing (a) the general conditions; 
(b) the special conditions (if any) ; (c) the maximum rates 
and charges ; and (d) the classification of traffic applicable 
to the railways to which the order applies. The confirm- 
ing Act, the provisional order, and the classification of 
traffic are in all cases similar, but for the change in the 
name of the company. 

(6) 51 & 62 Vict. c. 25, s. 24, sub-s. 6. 

(c) These companies are the Great Eastern; Great Northern; 
Great Western ; London and North "Western ; London and South 
Westeni ; Lobri^, Brighton; and South Coast ; London, Chatham 
and Dover; Midland;^ and ^diivh-Eastem. 






THE RAILWAY RATES PROVISIONAL ORDERS. 8 

The general conditions applicable to aH the English General oon- 
companies (except the North Eastern) and to the Irish 
companies are similar, and under the circumstances it has 
not been considered necessary to print them separately for 
each company, but the case of the London and North 
Western has been taken as typical of the English and Irish 
companies. The general conditions of the Scotch com- 
panies and the North Eastern being slightly different from 
those of the English and Irish companies, they will be 
found separately, the Caledonian company being taken as 
representatiye. In the very few cases in which a clause in 
the general conditions of any company differs from the 
type attention is called to it in a note(c^). The special 
conditions and the maximum rates and charges vary for 
nearly every company. 

In many cases a provisional order is appUoable not only 
to the company from which it takes its name, but also to 
other companies or railways as well. This has been effected 
(1) by including such other company in the heading of the 
order ; or (2) by placing the company or railway in an Ap- 
pendix to the Schedule, and adding a clause to the general 
conditions applying the order to the companies and railways 
contained in the Appendix. This distinction has been pre- 
served, but the effect is probably the same in either case. 

An alphabetical list of railways, showing the provisional 
order by which each is governed, will be found at p. 529. 

The Act in each case consists of two clauses only, one The Act 
giving the short titie, and the other confirming the order 
in the schedule. 

The order in each case consists of four clauses, and pro- The Order, 
vides for (1) the short titie to the order ; (2) the com- 
mencement of the order; (3) the interpretation; (4) the 
application of the schedule of maximum rates and charges, 
and the classification of traffic. 

Then follows the schedule of maximum rates and charges. The Schedule. 

(d) E, g.y p. 206 in the note to clause 27. 

b2 



IKTKODUCTION. 



General con 
ditions. 



This is divided into six parts, as follows : — 
Part I. Merohandise. 
n. Animals. 
III. Carriages. 
lY. Exceptional charges. 
V. Perishables. 
VI. Small parcels. 
The schedule of any of the English companies (/) com- 
mences with twenty-eight clauses, which are similar for 
e8U3h company. The first nine clauses refer to the nature 
of the various charges authorised ; then follow ten clauses 
giving the method to be adopted in calculating and 
fixing the rates and charges, while clauses 20 to 26 inclu- 
sive contain miscellaneous provisions, clause 26 being an 
interpretation clause. Then clause 27 makes the foregoing 
twenty-six clauses applicable to merchandise conveyed by 
passenger train. And finally, if the schedule contains an 
appendix, clause 28 applies the schedule to the railways 
set out therein. If there is no appendix, this clause is absent. 
The special provisions and exceptions relating to parti- 
cular portions of the lines of railway, are, of course, 
different in the case of each railway, and come immediately 
before the maximum rates for conveyance (which vary for 
different companies), and maximum terminals, which are the 
same in the case of each company for the same class of goods. 
Parts II., III., IV., v., and VI., are practically the 
same for all the English companies. 
CUsfiiiication. The classification of traffic {g) comes last in the schedule, 
and is the same for all the companies. Perhaps this is 
one of the most important achievements of the Board of 
Trade and Parliament, so far as these orders are concerned. 
By this classification merchandise traffic is split up into 
eight classes, wherein it follows the Clearing House classi- 
fication, which has been in force between the railway 

(/) Except the North Eastern. 

(g) The classification as it appears in the schedules will be found 
on p. 3bo, and a list of the articles specified in the classification in 
alphabetioal cider will be found on p. 404. 



THE RAILWAY RATES PROTISIONAL ORDERS. 

oompanies themselyes for many years past. The three 
lowest classes are denoted by the letters A, B, and C, and 
contain chiefly minends and goods of a rough nature, 
which are frequently termed ** yard " traffic, from the fact 
that they can as a rule be dealt with out of doors without the 
necessity of loading and unloading in sheds or warehouses. 
These three classes correspond to the Cleariog House 
classes Ma, Mb, and Special class. The higher classes 
of traffic (known as '* class" traffic to distinguish them 
from " yard " traffic) are divided into five classes, numbered 
from 1 to 5, and correspond approximately with the classes 
so named in the Clearing House classification. 

In the schedule of the North Easfem the general oondi- North 
tions are similar to those of the Scotch companies (A) ; but ^••*®"- 
Part II. (animals) is similar to that of the English schedules. 

The Confirming Act and formal order of the Irish com- irUh com- 
panies are the same as those of the English companies. P^*^** 
The general conditions are also the same, except that the 
Irish schedule has a special tariff for brewers' returned 
empties (f ). Port I. is, of course, different, and so is 
Part II. (animals). Parts III. to VI. inclusive and the 
classification are the same as those of the English oompanies. 

The Coufirming Act and formal order of the Scotch Sooiohoom* 
companies are similar to those of the English and Irish 
companies; the general conditions (/)» however, are slightly 
different, the provision of trucks for class A traffic being 
included in the rate. This leads to a modification of 
clause 2, and to the omission of clause 9; and conse- 
quently the remaining clauses do not correspond numeri- 
cally with those of the English and Irish companies. 

Part I. varies with the different companies. Part II. 
(animals) is the same for all the Scotch oompanies, but 
differs from that of the English and Irish schedules. 

Part III. carriages. Part IV. exceptional. Part V. 
perishables, and Part VI. small parcels, and the classifica- 
tion are similar to those of the English and Irish schedules. 

{h) See p. 331. (t) See p. 336. 



( 6 ) 



PABT THE FIKST. 



GOKTADONO 



THE LAW BELATING TO THE CABBIAGE OF 
MEBCHANDISE BY BATLWAY. 



CHAPTER I. 

THE RAILWAY AND CANAL COMMISSION. 

The Court having special jurisdiotion in railway matters 
is the Railway and Canal Commission. It has powers to 
some extent executive as well as judicial, and it is proposed 
to state shortly the nature and extent of its jurisdiction 
and the manner in which it has been administered. The 
Railway and Canal Commission, as constituted by the 
Railway and Canal Traffic Act, 1888 (a), consists of two 
appointed Commissioners (J), appointed on the recommen- 
dation of the Board of Trade ; and three ex officio Com- 
missioners, judges of the superior Courts (c), one being 
nominated for England, one for Scotland, and the third 
for Ireland. Not less than three Commissioners are to 
attend at the hearing of any case, and the ex offi<^io Com- 
missioner is to preside, and his opinion on a point of law 
is to prevail (^). And there is provision made for the 

(a) 61 & 52 Yict. c. 26. 

{h) The appointed Commissioners are Sir Frederick Peel and 
Viscount Cobham (September, 1891). 

(c) The ex officio Commissioners are Mr. Justice Wills (England), 
Lord Trayner (Scotland), and Mr. Justice Murphy (Ireland). 

(d) 51 & 52 Vict. c. 26, a. 6, sub-s. 3. 



THE RAILWAY AND CANAL COMMISSION. 

nomination of a temporary Commissioner in the place of 
any appointed or ex officio Commissioner^ who may be 
nnable to attend at the hearing of any ease {e). 

Jurisdiction, 

The jurisdiction conferred on the Court of Common 
Pleas by the Traffic Act of 1854 (/), and that conferred 
on the old Railway Commissioners by the Regulation of 
Railways Act, 1873 (^), the Board of Trade Arbitrations 
Act, 1874 (70, the Telegraph Act, 1878 (i), and the Cheap 
Trains Act, 188-i (i), is now vested in the Railway and 
Canal Commission i /) ; and, in addition, several fresh 
powers are conferred upon them by the Act of 1888 itself. 
This jurisdiction, besides including some matters which 
are not pertinent to the subject of this book, embraces 
the following heads, which require to be separately dealt 
with: — 

Undue Preference. 

Facilities for Traffic. 

Traffic on Steamboats. 

Through Rates. 

Hate Books. 

Terminals. 

The legality of Rates. 

Obligations contained in Special Acts. 

Provisions relating to Private Branch Railways or 
Sidings. 

References under the Board of Trade Arbitrations 
Act, 1874. (See p. 147.) 



(e) Ihid, 8. 6, 8ub-B8. 6, 7. 
(/) 17 & 18 Vict. 0. 31, 68. 2, 3. 
\g) 36 & 37 Vict. c. 48. 
\h) 37 ft 38 Yict. 0. 40. 
(*) 41 ft 42 Vict. 0. 76. 
•{k) 46 ft 47 Vict. c. 34, s. 3. 
(0 ol ft 62 Vict. c. 25, 8. 8. 



8 CARRIAGE OF MERCHANDISE BY RAILWAY. 

Finally, the Court is a court of record (m), and of 
co-ordinate jurisdiction with the Queen's Bench Division, 
and bound bj their decisions (n), and an appeal will lie on 
any question, not being a mere question of fact or of loctia 
standi f straight to the Court of Appeal (o). 

TTho may make Complaints to the Railway and Canal 

Commission, 

Under the Traffic Act of 1854 (i?), " any company or 
person '' was empowered to make complaint to the Court 
of Common Pleas of a contravention of that Act, and upon 
the certificate of the Board of Trade the Attorney-General 
or Lord Advocate were given the like power. 

And under the Act of 1873 (^), any person (which by 
the definition clause (r) includes a body of persons corpo- 
rate or unincorporate) complaining of anything done or of 
any omission made in violation or contravention of sect. 2 
of the Traffic Act of 1854, or of sect. 16 of the Regulation 
of Railways Act, 1868 («), or of the Act of 1873, or of any 
enactment amending or applying the same respectively, 
might apply to the Commissioners, and upon the certificate 
of the Board of Trade alleging any such violation or con- 
travention, any person appointed by the Board of Trade 
in that behalf (^) might in like maimer apply to the 
Commissioners. 

The Act of 1888 {u) transferred to and vested in the 



(m) 51 & 52 Vict. o. 25, s. 2. 

(n) Sawerby v. O, N. By. Co., 1 TimeB L. E. 260. 

(o) 51 & 52 Vict. c. 25, s. 17. 

Ip) 17 & 18 Vict. c. 31, s. 3. 

Iq) 36 & 37 Vict. c. 48, s. 6. 

(r) Ibid. 8. 3. 

(a) This section provided for equality of treatment where com- 
panies were parties to the carriage of goods by sea. 

(t) It is believed that this power of the Board of Trade has not 
yet been exercised. 

(tt) 51 & 52 Vict. c. 25, s. 8. 



THS RAILWAY AND CANAL COMMISSION. 9 

Bailwaj and Caiial Comnufision all the jurisdiotioii and 
powers which at the oommenoement of this Act were 
vested in or capable of being exercised by the Eailwaj 
CommissionerB, whether under the Act of 1873 or any 
other Act. And this Act also enables certain local autho- 
rities and bodies of traders to make complaint to the Bail- 
way and Canal Commission. 

The statute enacts (tc) : 

Sub-s. (1). ^'Any of the following authorities^ that is ProTirionfor 

to aav oompUints 

^^J by public 

(a) any of the following local authorities, namely, any authoriiy in 

harbour board, or conservancy authority, the Com- 
mon Council of the City of London, any council of 
a city or borough, any representative county body 
which may be created by an Act passed in the 
present or any future session of Parliament, any 
justices in quarter sessions assembled, the Com- 
missioners of Supply of any county in Scotland, 
the Metropolitan Board of Works, or any urban 
sanitary authority not being a council as aforesaid, 
or any rural sanitary authority ; or 

(b) any such association of traders or freighters, or 

chamber of commerce or agriculture as may obtain 
a certificate from the Board of Trade that it is, in 
the opinion of the Board of Trade, a proper body 
to make such complaint, 
may make to the Commissioners any complaint which the 
Commissioners have jurisdiction to determine, and may do 
so without proof that such authority is aggrieved by the 
matter complained of, and any of such authorities may 
appear in opposition to any complaint which the Com- 
missioners have jurisdiction to determine in any case 
where such authority, or the persons represented by them, 
appear to the Commissioners to be likely to be affected by 



(lo) Ibid, s. 7. 



aeotion. 



10 CABBIAGE OF MERCHANDISE BY BAILWAT. 

any determination of the Commissioners upon such com- 
plaint." 

Sub-s, (2). " The Board of Trade may, if they think fit, 
require, as a condition of giving a certificate under this 
section, that security be given in such manner and to such 
amount as they think necessary, for any costs which the 
complainants may be ordered to pay or bear." 

Sub-s. (3). "Any certificate granted under this section 
shall, unless withdrawn, be in force for twelve months 
from the date on which it was given." 
Extent of Although these local authorities and bodies of traders 

have power to make complaints to the commission " with- 
out proof that the authority is aggrieved by the matter 
complained of," yet, on a similar clause under the Act of 
1873, the old Railway Commissioners refused to grant relief 
where neither the complainants, nor the inhabitants of their 
district, nor the persons on whose behalf the complaint was 
preferred were in any way connected or identified with the 
matter complained of {x) ; and in a recent case, the Court 
laid it down that the provision in question does not require 
the Court necessarily to redress fanciful, or merely theo- 
retical inequalities of charge or preferences of any other 
description; and that, "if it was established that the 
matters complained of were such as could not affect the 
interest of the applicants or the trade which they repre- 
sented, it would be quite virithin the competence of the 
Court to refuse to give judgment upon an academic 
discussion presumably under such circumstances with very 
imperfect information " (y). But under the provisions of 
sect. 7, the objection that what is complained of does not 
hurt the applicants must be dealt with somewhat strictly, 
and it is sufficient to warrant the application and to call 



(x) Londonderry Harbour Commisnoners v. G» N, By. Go,, 5 B. 
& Mao. 282. 

(y) Liverpool Com Trade AsaociationY. L, & N, W, By. Co., (1891) 
1 Q. B. 120, 126. 



THB RAILWAY AND CANAL OOMMISSION. 11 

on the Court for its inteif erenoe if the praotioes oomplained 
of, whether their present effect be serious or triyial, are in 
themselves legally objectionable, and if they may lead to 
oonsequenoes injurious to the interests of those represented 
bj the applicants (2). 

In spite of the wide terms of this section, it seems Through 
doubtful whether a local authority or body of traders ** " 
could propose a through rate; their powers with regard 
to through rates are probably limited to making a com- 
plaint of imreasonable charges to the Board of Trade 
under sect. (31 of the Act of 1888, and it will probably be 
held, as the Conunissioners held under the Act of 1873, 
that such authority has no power, as such, to propose a 
through rate (a). 

In addition to the local authorities mentioned in this 
section, port and harbour authorities are specially em- 
powered, by sect. 30 of the Act of 1888, to make complaint 
to the Railway and Canal Commission of any undue pre- 
judice or disadvantage to which their dock may be subjected 
by a railway company (6). 

(z) Ibid. 

(a) Ayr Harbour Trueteea v. Glasgow dk 8. W, Ry, Co., 4 B. & 
Mac. 81 ; and eeepoBt, p. 69. 

(b) See posty p. 68. 



12 CARRIAGE OF MERCHANDISE BY RAILWAY. 



CHAPTER n. 



THE BOARD OF TRADE. 



The Board of Trade have, as is well known, considerable 
powers of an administrative character over and in relation 
to railway companies. In addition to these, the Traffic 
Act of 1888 (a) conferred upon them certain powers of a 
quasi- judicial character. 

(1.) We have seen (b) that under that Act the Board of 
Trade were entrusted with the duty of making and sub- 
mitting to Parliament a classification of traffic and schedule 
of rates of each railway company. 

(2.) The Board of Trade are given power to hear appli- 
cations on the part of any person or railway company for 
the addition to the classification of traffic of any articles, 
and to determine the same as they may think right (c), 

(3.) The Board of Trade are given power to prescribe 
the form in which a railway company, desirous of making 
any increase in their tolls, rates, or charges published in 
their rate-books, are to give the fourteen days' notice to 
the public required of their intention to do m (d). 

(4.) The same Act has attempted to give to the Board 
of Trade a conciliatory jurisdiction, under which any 
trader can make complaint to the Board of Trade of any 



(a) 51 & 52 Vict. c. 25. 
(5) Ante, pp. 1 et seq. 
(e) 51 & 52 Yict. c. 25, s. 24, sub-s. 11. 

{d) Ibid, 8. 33, sub-8. 6. As to the form prescribed by the Board 
of Trade, see p. 461. 



tin* 



THB BOARD OF TRADE. 13 

trnfair treatment to which he is subjected by a railway 
company. 

Section 31 of the Traffic Act of 1888 pioyides as 
follows : — 

Sub-s. (1). '^Whenever any person receiving or sending Complaints 
or desiring to send goods by any railway is of opinion T^2?of 
that the rnilway company is charging him an unfair or an reasonable 
unreasoDable rate of charge, or is in any other respect nUw^ 
treating him in an oppressive or unreasonable manner, companies, 
such person may complain to the Board of Trade.'' 

8ub-s. (2). " The Board of Trade, if they think that there 
is reasonable ground for the complaint, may thereupon 
call upon the railway company for an explanation, and 
endeavour to settle amicably the differences between the 
complainant and the railway company." 

8ub-s. ('^). " For the purpose aforesaid, the Board of 
Trade may appoint either one of their own offi(;ers, or any 
other competent person to communicate with the com- 
plainant and the railway company, and to receive and 
consider such explanations and communications as may be 
made in reference to the complaint ; and the Board of 
Trade may pay to such last- mentioned person such remu- 
neration as they may think fit, and as may be approved 
by the Treasury." 

Sub-s. (4). " The Board of Trade shall from time to time 
submit to Parliament reports of the complaints made to 
them under the provisions of this section, and the results 
of the proceedings taken in relation to such complaints, 
together with such observations thereon as the Board of 
Trade shall think fit." 

Sub-s. (5). "A complaint under this section may be 
made to the Board of Trade by any of the authorities 
mentioned in section seven of this Act, in any case in 
which, in the opinion of any of such authorities, they or 
any traders or persons in their district are being charged 
unfair or unreasonable rat^s by a railway company ; and 
aU the provisions of this section shall apply to a complaint 



14 CARRIAGE OF MERCHANDISE BY RAILWAY. 

80 made as if the same had been made by a person entitled 
to make a complaint under this section." 

Where a person interested in through traffic by railway 
or canal is desirous of obtaining a through rate under 
sect 25 of the Act of 1888, the making of a complaint to 
the Board of Trade under this section is, as we shall see {e)j 
a necessary preliminary to an application to the Railway 
Commissioners. 

The Board of Trade regard this conciliatory jurisdiction 
as ouly to be exercised in cases of small or of only par- 
ticular importance. They say : — 

"Although in the opinion of the law officers of the 
crown, *the conciliatory jurisdiction of the Board of 
Trade under this section is not excluded merely by reason 
that a complaint involves questions of undue preference, 
or by reason that questions of undue preference may arise 
in relation to a settlement suggested by the Board of 
Trade,' the Board of Trade consider that it would be futile 
to attempt to arrange, without power of enforcing their 
determination, questions of large importance which need 
the action of a High Court, and desire to direct their 
attention chiefly to such cases of limited or particular im- 
portance as would justify the suggestion of a settlement 
on their part" (/). 



(c) Posty p. 64. 

(/) Keport of the Board of Trade under sect. 31 of the Bailway 
and Canal Traffic Act, 1888, 16th May, 1890. 



( 15 ) 



CHAPTER m. 

J3TJE A19D REASONABLE FACILITIES. 

Section 2 of the Traffic Act, 1854 (17 & 18 Vict. o. 31), 
provideB : — 

" Every railway company, canal company, and railway Facilities, 
and canal company shall, according to their respective 
powers, afford all reasonable facilities for the receiving 
and forwarding and delivering of traffic upon and from 
the several railways and canals belonging to or worked by 
such companies respectively, and for the return of car- 
riages, trucks, boats, and other vehicles; and no such Undae 
company shall make or give any undue or unreasonable ?"'*"'*<*• 
preference or advantage to or in favour of any particular 
person or company, or any particular description of traffic, 
in any respect whatsoever, nor shall any company subject 
any particular person or company, or any particular descrip- 
tion of traffic, to any undue or unreasonable prejudice or 
disadvantage in any respect whatsoever; and every railway Through 
company, and canal company, and railway and canal com- *"^' 
pany, having or working railways or canals which form 
part of a continuous line of railway, or canal, or railway and 
canal communication, or which have the terminus, station, 
or wharf of the one near the terminus, station, or wharf of 
the other, shall afford all due and reasonable facilities for 
receiving and forwarding all the traffic arriving by one of 
such railways or canals by the other, without any unrea- 
sonable delay, and without any such preference or advan- 
tage or prejudice or disadvantage as aforesaid, and so that 
no obstruction may be offered to the public desirous of 
using such railways or canals or railways and canals as a 
continuous line of communication, and so that all reason- 
able accommodation may, by means of the railways and 



16 CARRIAGE OF MEBCUANDI8B BY RAILWAY. 

canals of the several oompanies, be at all times afforded to 
the public in that behalf." 

In dealing with this section, in the Sastings Case (a), 
Lord Selbome said : The obligations imposed upon railway 
companies bj this statute ^^are substantially three in 
number : Firsts a positive obligation to afford, according 
to their respective powers, all reasonable facilities for the 
receiving, forwarding, and delivering of traffic, upon and 
from the several railways and canals belonging to or 
worked by such companies respectively, and for the return 
of carriages, trucks, boats, and other vehicles "....; 
the second obligation is to give no undue preferences ; the 
thirdj to do whatever may be necessary to enable the 
company's own line, and any other line connected with or 
having a terminus near it, to be used by the public as a 
continuous line of communication. 

The important question of through rates will be dealt 
with separately, p. 63, and that of undue preference, 
p. ii2. 
Obli^nons Before the passing of this statute railway companies 
of gooS"*^^ were bound to carry troops (A), and they are now bound to 
carry mails {c) ; but otherwise the duty of railway com- 
panies to carry any particular class of goods depended 
upon whether they did or did not profess to carry 
such goods as common carriers. The Railways Clauses 
Consolidation Act, 1845, did not impose on them any 
duty to carry goods of which they were not common 
carriers by their own conduct and profession (d). The 
Traffic Act of 1854, however, above mentioned, materially 
altered the law in this respect ; and railway companies are 
now bound to provide facilities for carrying animals or 

(a) 8. E, Ry. Co, v. Railway Commimoner$, 3 N. & Mac. 464, 
506 ; 6 Q. B. Div. 686. 
(6) 7 & 8 Vict. c. 85, s. 12. 

(c) 36 & 37 Vict. 0. 48, s. 18. 

(d) Johnson v. Midland Ry. Co., 4 Ezch. 367 ; Hare v. L, <fc N, 
W. Ry. Co., 2 J. & H. 80. 



DUE AND REASONABLE FACILITIES. 

pariiculax classes of goods, with the exception, possibly, of 
speciallj dangerous goods («). And the duty thus im- 
posed upon railway companies is inconsistent with their 
right to refuse to carry any particular class of goods or 
animals which they have facilities for carrying, and is 
inconsistent with their right to refuse to carry such goods 
or animals except upon terms which are unreasonable (/). 
And this obligation is not merely confined to traffic on the 
main line, for under the above section it is no longer 
competent for a railway company which has undertaken a 
particular description of traffic to deny the jurisdiction of 
the Bailway and Canal Commission Court to take into 
consideration the legality of its conduct in respect of that 
kind of traffic upon some particular branch of its line [g). 

And in giving judgment on the merits in the case last 
referred to, Wills, J., said : " Up to that time (the Act 
of 1854), as was pointed out by the Court of Appeal in 
Dickson v. G. N. Ry, Co, (A), the obligations of railway 
companies were simply those of common carriers. Inas- 
much as no common carrier was bound to carry any 
particular class of traffic, a common carrier, being a 
railway company, was equally with other common carriers 
entitled to say: 'I am not a common carrier of passengers, 
I am not a common carrier of coal, I am not a common 
carrier of this, or that, or the other, and therefore you 
must not expect me to ceurry it.' Then came the Act of 
1854, which, as the Court of Appeal in that case laid 
down, made a radical alteration in the obligations of a 
railway company ; and it compelled them, whether they 
liked it or not and, it seems to me, whether it were 
profitable or not, to give reasonable facilities according to 

(e) Bailways ClauBes Act, 1845 (8 Yict. c. 20), s. 106. 

(/) Dicksm V. G. N. By. Co., 18 Q. B. Div. 176, 184. 

(g) Wimford Local Board v. Cheshire Linee Committee, 24 Q. B. 
D. 456 ; 7 B. & Mac. 72. 

{h) Wins/ord Local Board v. Cheshire Lines Committee, 7 B. & 
Mac. 72, p. 82. 

D. c 



17 



18 CARRIAGE OP MERCHANDISE BY RAILWAY. 

their power for reoeiying, despatohing, and dealing with 
traffic. . . . Now the Act of Parliament, as it seems to 
me, says nothing about whether a particular species of 
traffic is profitable or not, I quite agree that the extent to 
which it is a profitable or a losing traffic cannot be 
entirely excluded, because if there is no substantial traffic 
to be accommodated no one can say that any special 
facilities for supplying the necessities of a non-existent 
traffic are called for. But it seems to me that the moment 
you establish that there is a serious, substantial, and 
considerable traffic to be dealt with upon that line, and 
seeking to go along that line, you bring the case within the 
Act of Parliament, and reasonable facilities must be 
afforded. But, of course, on the question of what are 
reasonable f aoiUties, these matterB might fairly be taken 
into account." 
ExonseB in- The obligation is to afford due and reasonable facilities, 
and, if reasonable, t{ie obligation to afford them is not 
limited by the convenience of the company (t), nor owing 
to disputes between different railway companies inter se {k)^ 
nor, within limits as to what is reasonable, by considera- 
tions as to whether the facilities, when afforded, will 
remunerate the company (/). Nor will a company be 
allowed to escape from these obligations because, by their 
own carelessness, or by a misuse of the powers conferred 
on them by their special Acts, they have rendered the 
performance of those obligations more difficult (m). 



(t) Victoria Coal and Iron Co, v. Neaih A Brecon Ry. Co,^ 3 N. & 
Mac. 37. 

(k) Maidstone Town Council v. 8. E. My. Co,, 7 B. & Mac. 99. 
See Eeport in Times, 13th Jan. 1891 ; Watson v. Q. W. By. Co,y 
9th Annual Beport of Bailway CommiBsioners, 12; Hammarhs, 
Foster A Co. v. G. W. By. Co., 4 B. & Mac. 181. 

(l) Wins/ord Local Board v. Cheahire Lines Committee, 7 B. & 
Mac. 72, 63. 

(m) BtOney Overseers v. L. & 8. W. By. Co., (1891) 1 Q. B. 440, 
and see last case. 



DUB AND REASONABLE FACILITIES. 19 

Similarly, the obligation to afford facilities is not depen- 
dent npon mutual arrangements between different com- 
panies (n), and, where continuous communication exists 
by railway belonging to two or more companies, it is 
reasonable that such companies should afford one another 
&cilitie8 for transferring traffic at the points of junction (o). 
And special power is given to the Bailway and Canal 
Commission to make orders for facilities, notwithstanding 
any agreements between companies that have not been 
oonfiimed by the Board of Trade or the Eailway and 
Canal Commission (p). 

In a proper case the Court will make an order on a Stmctorsl 
railway company to afford due and reasonable facilities, 
though such facilities may involve structural alteration ((^), 
although it has no power to order a particular alteration (r) ; 
and, if necessary, can make an order on two or more com- 
panies, who may be ordered to make mutual arrangements 
to carry into effect any orders of the Commission Court, 
and to submit a scheme for carrying the same into effect {s) ; 
and such an order has recently been made(^). 

In considering what is a reasonable amount of accom- Limiution to 
modation, however, regard must be had to the general "■™"' 



(n) Watson v. O. W, By. Co,, 9 Beports of Bailway ComimBsioners, 
12 ; James v. Taff Vale By. Co., 3 N. & Mac. 640. 

(o) Ihid. 

Ip) Actof 1888, 8. 11. 

{q) South Eastern By, Co. v. Bailway Commissioners, 6 Q. B. Div. 
3 606 ;^B. & Mac. 464; Z. <fc 8. W. By. Co. v. Staines By. Co., 
4 B. & Mac, 48 ; Caterham By. Co. v. L. B. & 8. C. By. Co., 1 B. & 
Mac. 32; Swansea Tramways Co. v. Swansea & Mumbles By. Co., 
3 N. & Mac 339 ; Newry Nav. Co. v. G. N. By. Co., 7 B. & Mac. 
176. 

(r) South Eastern By. Co. v. Bailway Commissioners, 6 Q. B. Div. 
506. 

(0 Act of 1888 (61 & 62 Yiot. o. 26), a. 14. 

{t) Maidstone Tovm Council v. 8. E. By. Co, and L. C. & 2>. By. 
Co., 7 B. & Mac. 99. 

c2 



20 CARRIAGE OF MERCHANDISE BY RAILWAY. 

trafBo of the company (w), for the Traffic Acts do not 
require a railway company to find accommodation further 
than it is the interest of railway traffic that it should 
be found (w) ; and sect. 2 of the Traffic Act of 1864 is to 
be limited to the conyeyance and transport of traffic, and 
to acts done by the company in their capacity of railway 
or canal carriers. Thus the facilities required by this sec- 
tion must be in the receiving, forwarding, or delivering of 
traffic, and not in connection with some distinct business, 
such as that of doet-owners, carried on by them(a'). 
Necessary Thus the construction of all works necessary for the 

^°' • accommodation of traffic, and the safety of passengers, is 

a reasonable facility to be afforded by railway com- 
panies (y) ; but they will not be ordered to Twnstruct works 
or to take land — ^though offered them gratis (a) — or to do 
other matters which will require them first to obtain 
powers from Parliament for the purpose (a). 
Inconvenience And, further, the public inconvenience, sought to be 
proportion to remedied by the facilities asked for, must bear some pro- 
expense, portion to the inconvenience or expense which would be 
caused to the railway company in complying with an order 
to grant the facilities. And so the Commission Court 
refused to order a railway company to convert a station, 
at a sea-port, which had always been used as a passenger 
station, into a goods station to accommodate the traffic of 
two boats' only, seeing that there was already a goods 
station in the same town a short distance off, and there 



(m) Barret v. O, N. By. Co., 1 N. & Mac. 38. 

(t^;) Holyhead Local Board v. X. & N, W, By, Co,, 4 B. & Mac. 37. 

(x) East & Weet India Dock Co. v. Shaw, 39 Ch. D. 524; and see 
Weet V. L. & N. W. By. Co., L. E. 5 0. P. 622 ; 1 N. & Mac. 166; 
Baxmdale v. L. & 8. W. By. Co., L. R. 1 Ex. 137. 

(y) L. & 8. W. By. Co. v. 8tainee By. Co., 3 N. & Mac. 48. 

(2) Harris v. L. & 8. W. By. Co., 3 N. & Mac. 331 ; Newry Kav. 
Co. V. G. N. By. Co., 7 B. & Mao. 176. 

(a) Ihid.; Thomas v. North Stafford. By. Co., 3 N. & Mac. 1; 
8, E, By. Co. T. Bailway Commissioners, 6 Q. B. Div. 586. 






^f% M^ 



DUB AND REASONABLE FACILITIES. 21 

was no bindiDg agreement between the shipowners and the 
railway company to ensure a continuance of the traffic, and 
the railway company had no power to make a goods 
station without acquiring fresh land (i) . And that although 
continuous communication existed between the passenger 
station and the goods station. 

There is no obligation on railway companies to establish Booking office 
booking offices on places off their line of railway for the ^ ^*^" 
collection of traffic, because, although it is for the benefit 
of places situate some miles from a railway that there 
should be persons to collect and deliver goods regularly as 
carriers, a railway company is not responsible for making 
arrangements for carrying by road in addition to its proper 
business of carrying by railway (r). 

Through booking of traffic is a facility which railway Through 
companies ought to give (rf) ; and where railways owned *"™°* 
by different companies are coterminous and form a con- 
tinuous line(^), the companies are bound to use their 
utmost diligence in sending traffic by their respective 
routes (/)lv A route will not, however, be considered a 
continuous line of railway commtmication until the works 
necessary for interchange of traffic at a junction on the 
route have been sanctioned by the Board of Trade (^). 

The obligation to afford all reasonable facilities for traffic '' Aooording 
is imposed on all railway companies " according to their -powm.'* 
respective powers "(A), and, as some railway companies 
possess, under their special Acts, larger powers than others, 



(fi) Nevjry Navigation Co, y. G» N. By. C7o., 7 B. & Mac. 176. 

(c) Dublin & Meath By. Co. v. M. G. W. By. Co., 3 N. & Mac. 
379 ; and of. Aherdeen Commercial Co. v. Ot. North of Scotland By. 
Co.y 3 N. ft Mac. 205 ; 6 Court Sess. Oas. (4th Ser.) 67. 

(rf) Innu V. L. B. A 8. C. By. Co., 2 N. & Mac. 165. 

(e) As to through rates, see p. 63. 

(/) Victoria Colliery Co. v. Mid. By. Co., 3 N. & Mac. 37. 

(g) ffammane, Foster & Co. v. G. W, By, Co.^ 4 B. & Mac. 

181. 

(A) Act of 1854 (17 & 18 Yict. c. 31), sect. 2. 



22 



CABRIAOB OF MERCHANDISE BY RAILWAY. 



ObligatioDB 
under special 
Acts. 



FaoilitieB 
must be of a 
publio 
oharaoter. 



StatioxLB. 



BO the f aoilities they are required to afford are extended or 
limited (t). 

The Eailway and Canal Commission have now been 
given a very wide jurisdiction to enforce obligations im- 
posed upon railway companies by special Acts {/). These 
obligations are of a very varying character, and are too 
numerous and of too special a character to be discussed 
here, but the special Acts of any particular railway com- 
pany must be referred to in order to ascertain the obliga- 
tions of that company. 

Prom the decisions of the Court of Common Pleas under 
the Traffic Act of 1854, it would seem that, to obtain an 
order for due and reasonable facilities against a company, 
the facility required must be of a more or less publio 
character, and that an order would not be made to remedy 
a mere private grievance (k) ; and on similar grounds the 
old Hallway Commissioners have refused to order a railway 
company to construct a private siding for the convenience 
of a particular trader (/). 

A railway company is under no obligation (apart from 
any specific provisions in its special Acts) to establish a 
station at any particular place along its line (;;}), or, having 
established it, to provide it with every possible facility ; it 
is sufficient if the accommodation provided is sufficient 



(t) Tharsis SulphtiT and Copper Co, v. L, & N, W, Ry, Co,, 3 
N. & Mao. 455 ; Watkinaon v. Wrexhamy Moldy and Connah^e Quay 
By, Co. (No. 2), 3 N. & Mac. 164 ; and (No. 3) Thid, 446. And see 
Q, W, By, Co, V. Bristol Port Bailway and Pier Co,, 5 B. & Mac. 94 ; 
Thomas v. N, Staffordshire By, Co,, 3 N. & Mac. 9. 

U) Act of 1888 (51 & 52 Vict. c. 25), sect. 9. 

{k) Barret y. Q, N, By, Co., 1 N. & Mac. 38; Beadelly. E, C. 
By, Co,, Ibid. 56; Painter v. L, B, & 8, C, By, Co., Ibid, 58; 
Il/rawmbe Public Conveyance Co. v. L. <fe 8, W, By, Co,, Ibid, 61. 

{I) Dublin Whiskey Distillery Co, y, M, G, W. By, Co,, 4 B. & Mac. 
32 ; but as to private sidings, see post, p. 25. 

(m) 8, E, By, Co, y, Bailway Commissioners, 6 Q, B. Div. 692 ; 
3 N. & Mac. 464. 



DUB AMD BEASONABLS FACILITIES* 23 

haying regard to the class of traffio at the station (n) ; but, 
if a railway oompany with suj£cient powers keep its 
platforms and booking offices in such a state as to cause 
dangerous and obstructiye confusion, it is guilty of a con- 
travention of this section of the Act of 1854 (o). On the 
other hand, where a particular station of a company was 
already fully occupied by mineral traffic, and the company 
were not able to enlarge it without getting additional 
powers from Parliament, on the application of a trader 
asking that the company might be ordered to deliver 
perishable merchandise to him at the station in question 
instead of at a neigbouring station, the Commissioners 
refused to order the company to do so (p). And a few 
instances of traffic consigned to a place by a particular 
route {q)y or by a particular carrier (r), and inadvertently 
sent to the consignee in another manner, are no ground 
for an injunction under the Traffic Acts, though they may 
become so if sufficiently frequent to amount to an imdue 
prejudice of the particular route or particular carrier («). 

Whether the Eailway and Canal Commission have 
power to order a railway company to turn a passenger 
station into a goods station also is doubtful, but they will 
not do so where, if they did so, the railway company would 
be compelled to acquire new land in order to comply with 
the order, as such a course would not be reasonable (t). 

Where a siding has been conveniently planned to enable Sidings: 



(«) Holyhead Local Board v. L» A N, W, By, Co., 4 B. & Mac. 37. 

(o) 8, E, By, Co, y. BaUway Commissioners, ti&t supra, 

{p) Thomas v. North Staffordshire By, Co,, 3 N. & Mac. 1. 

Iq) FordY,L,&8,W.By.Co,,6Slj,T,1^.8.S41; 6B.&Mao. Ill; 
Londonderry Harbour Commissioners v. G. N, By, Co., 6 B. & Mac. 
282; City of Dublin SteamFacket Co. v. L, & N, W, By. Co,, 4 B. & Mac. 
10 ; Ayr Harbour Trustees y. G. <fc 8, W. By. Co., 4 B. & Mac. 90. 

(r) Hammans, Foster d: Co. y. G. W. By. Co., 4 B. & Mac. 181. 

{s) Ford y. L. & 8. W. By. Co., 63 L. T. N. 8. 841 ; 6 B. & 
Mac. 111. 

(0 Newry Nov, Co, y. G. N. By. Co,, 7 B. & Mao. 176. 



24 



CABRTAGE OF MBRCUANDISE BY RAILWAY. 



Colleotion of 
tnickB. 



Eaoilities at 
sidiDgB. 



Theinoyifiion 
of mdings. 



a railway company to have access to it, and the company 
have at that place no reserve line of their own, it is only a 
reasonable facility that the railway company should run 
their engine over a portion of the siding without extra 
payment, in order to collect the trader's trucks, if the 
trucks have been arranged in proper order as near the 
main line as they could be with safety (u). 

By the schedule to the Provisional Orders (r), it is now 
provided that a company may charge for services rendered 
by the company at or in connection with sidings not 
belonging to the company, when rendered to a trader at 
his request or for his convenience, a reasonable sum by 
way of addition to the tonnage rate. The question is 
whether this provision alters the decisions above referred 
to. Probably that will 'to some extent be so. Provision 
is made for the determination of what is a reasonable sum, 
which will therefore be in the nature of a quantum meruity 
and the railway company will therefore be able to 
recover the equivalent of any work actually performed by 
them. 

The facilities which a railway company will be ordered 
to provide in connection with sidings must depend on the 
powers given and obligations imposed upon them, but in 
suitable cases signalling (tr), and the supply of trucks when 
required (a;), have been ordered. 

Whether the old Railway Conmiissioners had any power 
to order the provision of a private siding as a facility may 
be doubtful. They refused to make such an order where 
the result would have been that the general traffic of the 



(u) Wathinaon y. Wrexham, Mold, and Connak's Quay By. Co., 3 
N. & Mac. 5 ; TharsU Sulphur and Copper Co. v. L. d: N. W, Ry, 
Co., 3 N. & Mac. 455. 

(v) Schedule to Prov. Orders, sect. 5, sub-s. 1, p. 189. 

{w) L, & 8, W. By. Co, v. ataines By, Co., 3 N. & Mac. 48. 

(x) Tha/rsis Sulphur and Copper Co. v. L. A N. W. By. Co., 8 
N. ft Mao. 455. 



DUE AND REASONABLE FACILITIES. 25 

railway would have been interf ered with (j/) ; but intimated 
that in a case where a private siding was already in exist- 
ence, but the railway company refused to allow the trader 
to continue to use it, though they allowed the trader's 
rivalB in trade to use similar private sidings, the Court 
would be prepared to issue an injunction against the 
railway company on the ground of undue preference (s). 

An important extension of the jurisdiction of the Jnriadiotion 
Bailway and Canal Commission, in respect of sidings, has ^^n!^^ 
been made by sect. 9 of the Act of 1888, which gives the 
Court jurisdiction to entertain a complaint of the contra- 
vention of an enactment in any Act containing provisions 
relating to private branch railways or private sidings (a). 

The following provisions in general Acts refer to private 
branch railways and sidings : — 

Sects. 18 and 19 of the Regulations of Railways Act, 
1840 (6), confer on the Board of Trade power to determine 
disputes as to the proper places for openings in the ledges 
or flanches of a railway. 

Sect. 12 of the Bailway Begulation Act of 1842 (c) 
gives power to the Board of Trade to direct that such 
openings in any passenger railway (d) shall be made 
subject to such conditions as they shall direct. 

Sect. 76 of the Bailway s Clauses Act of 1845, after sidings under 
providing that nothing in that Act or the special Act of S^f ^*^Act 
the railway company is to prevent the owners or occupiers 
of land adjoining the railway from laying down collateral 



(y) DuUin Whiskey DiaiilUry Co. v. M. G, W, By, Co., 4 B. & 
Mac. 32. 

(z) Beeston Brewery Co, v. Mid. By. Co,, 5 B. & Mac. 53; and of. 
Oirardot, Flinn & Co. v. Mid, By. Co., 4 B. & Mac. 291. 

(a) Act of 1888 (51 A 52 Tict. c. 25), sect. 9. 

{b) 3 & 4 Vict. c. 97. 

(c) 5 & 6 Vict. c. 55. 

{d) A railway was not to be considered a passenger railway if 
two-thirds or more of its gross annual revenue was derived from 
the carriage of coals, ironstone, or other metals or minerals. 



26 CARRIAGE OF MERCHANDISB BY RAILWAY. 

branohes of railway to oommunioate with the railway, 
proceeds, ^'And the oompany shall, if required, at the 
expense of such owners or oocupiers and other persons, 
and subject also to the provisions of the said last-men- 
tioned Act (^), make openings in the rails, and such addi- 
tional lines of rail, as may be necessary for effecting such 
communication in places where the communication can be 
made with safety to the public, and without injury to the 
railway, and without inconvenience to the traffic thereon ; 
and the company shall not take any rate, or toll, or other 
moneys for the passing of any passengers, goods, or other 
things along any branch so to be made by any such owner, 
or occupier, or other person ; but this enactment shall be 
subject to the following restrictions and conditions : (that 
is to say), 

^* No such branch railway shall run parallel to the rail- 
way : 
'' The company shall not be bound to make any such 
openings in any place which they shall have set apart 
for any specific purpose with which such communica- 
tion would interfere, nor on any inclined plane or 
bridge, or in any tunnel : 
^'The persons making or using such branch railways 
shall be subject to all byelaws and regulations of the 
company from time to time made with respect to 
passing upon or crossing the railway, and otherwise ; 
and the persons making or using such branch rail- 
ways shall be boimd to construct, and from time to 
time as need may require to renew, the offset plates 
and switches according to the most approved plan 
adopted by the company and under the direction of 
their engineer." 
This section, then, can now be administered by the 
Bailway and Canal Commission. 

It has been held under this section that when once an 

(e) Le,,io sect. 12 of the Act of 1842, see above. 



DUB AMI> BEASONABLE FACILITIBS. 27 

opening has been made, and oommnnioation established 
with the assent of the railway oompany, they cannot 
afterwards revoke their consent (/), and clauses similar to 
this contained in special Acts have been held to enure for 
the benefit of the occupiers from time to time, not being 
confined to the occupiers at the time of passing the special 
Act(^). 

And so it seems that when an opening for a siding has 
been once made under this section, it becomes a permanent 
right, and cannot be taken away because circumstances 
have altered, and the railway company are disposed to do 
something else with their line (h). But where the siding 
is only formed by virtue of some private agreement 
between the siding owner and the railway company, with- 
out resort to this section, terminable by either party, the 
case is otherwise (t). 

Since the constitution of the present Eailway and Canal 
Commission, the aid of this section has been invoked by a 
trader who desired to have a private siding connected with 
a railway company's line, but objected to entering into 
the usual agreement with the company, on the ground 
that its terms were too stringent. The agreement was in 
the usual form adopted by the company, and the company 
contended that it was so well known, and had been so 
carefully considered, that it might almost amount to a 
bye-law of the company. Wills, J., said he considered 
both parties had put their case too high, and adjourned 
the case in order that an arrangement might be come to (A;). 

(/) Bdl V. Mid. Ry. Co,, 3 De G. & J. 673. 

\g) Bishop V. Ntyrth, 11 M. & W. 459 ; 3 Bailw. Cas. 459 ; In re 
Monkland and KirkiiitiUock Ry, Co., 3 Bailw. Cas. 273. 

(A) Forttvay v. Colne Valley and Halstead Ry, Co., 7 B. & Mac. 
102. 

(♦) Ibid. ; Woodruff v. Brecon and Merihyr Tydfil Junction Ry. 
Co., 28 Oh. D. 190. 

{k) Cobledick v. L. d: N. W. Ry, Co., reported only in "The 
Times," 28th Oct., 1890. 



28 



CARRIAGE OF MBRCHANDISB BY RAILWAY. 



"Wrongfful 
removal. 



Presumption 
as to origin. 



Provisional 
Orders. 



But in another case where a railway company had 
wrongfully taken up and removed rails forming the con- 
nection of a branch railway or siding with the railway 
company's main line, the Commission Court ordered and 
enjoined the railway company forthwith to restore the 
communication between the siding and their main line 
at their own expense (rn). 

It seems that where a trader has a siding upon his own 
land, working from his own land on to the railway com- 
pany's premises, and there is no evidence of any agree- 
ment under which the sidings and the openings in the 
railway company's line have been made, the presumption 
is that the siding and openings were made under the 
statutory powers contained in sect. 76 of the Railways 
Clauses Act, 1845 ; and that this presumption is not 
rebutted by the fact that the railway company have been 
in the habit of repairing the portion of the communication 
on their own land, and in isolated cases have executed 
repairs on the private siding (n). 

In this connection it should be observed, that in the 
schedule to the Provisional Orders (o), power is expressly 
reserved to the railway company to make, in addition to the 
charges specified in the schedule, charges and payments by 
way of rent or otherwise for sidings and other structural 
accommodation, provided or to be provided for the private 
use of traders, and not required by the company for 
dealing with the traffic for the purposes of conveyance; 
provided that the amount of such charges or payments is 
fixed by an agreement in writing, signed by the trader, or 
by some person duly authorized on his behalf, or deter- 
mined in case of difference by an arbitrator to be 
appointed by the Board of Trade. 



(m) Portway v. Colne Valley and ffahtead By, Co., 7 B. & Mac. 
102. 
(n) Ibid. pp. 107, 108. 
(o) Clause 7, p. 193. 



DUE AND REASONABLE FACILIIIES. 29 

Whether the Tna-ViTig of illegal or ezoessiye rates and EzoeMlTe 
charges for the carriage of goods is a refusal of reasonable ^"^*'^^' 
facilities within the meaning of the section, so as to amount 
to a contravention of the Traffic Acts, has been a question 
on which judicial opinion has somewhat differed. In a 
Scotch case {p)y where a company issued a notice that they 
would not be common carriers of a particular class of 
goods, and would not carry them except at special rates 
and under a special agreement, the old Eailway Commis- 
sioners considered that this constituted a refusal of reason- 
able facilities for this class of goods in respect of which an 
injunction might be issued against them (q) ; and this 
decision was confirmed on appeal by the Scotch Court of 
Session, who held that such specially high charges at all 
events constituted an '' undue prejudice and disadvantage ** 
of that particular class of goods, which the Commissioners 
had power to restrain (r). This case was tmder considera- 
tion in the English Courts in Bromi^s Case (/»), where a 
passenger had been charged a fare in excess of the maxi- 
mum authorized. The Divisional Court and the Court of 
Appeal, whilst generally approving the Aberdeen case (^), 
held that charges by a railway company, made in excess of 
their statutory maximum, did not constitute a case for 
injunction under the Traffic Acts, in the absence of evi- 
dence that traffic had actually been stopped by such 
charges. Brett, L. J., there said: ''The complaint is 
founded solely upon the allegation that there has been an 
overcharge in the sense that the charge was higher than 



(p) Aberdeen Commercial Co. v. Ot. North of Scotland By. Co., 6 
Court Sess. Cas., 4th Ser. 67 ; 3 N. & Mac. 205. 

(q) Ibid, 

(r) 3 N. & Mac. 231. 

(«) Broum v. G. W. By. Co., 3 N. & Mac, 623; 8. 0. sub nom. 
G. W. By. Co. V. Bailway Commissioners, 7 Q. B. D. 182 ; 9 Q. B. 
Div. 744. 

if) Aberdeen Commercial Co. y. G. N. 8c. By. Co., 3 N. & Mao. 
205. 



80 CARRIAGE OP MERCHANDISE BY RAILWAY. 

the amount which the company were entitled to exact. 
There is no statement that the overcharge was made with 
the intent to prevent the carriage of any passenger or the 
progress of any train ; and there is no statement that the 
overcharge is of such an amount or of such a nature as 
would prevent the carriage of any passenger or the for- 
warding of any train at all ; and it is on account of the 
absence of these allegations that it seems to me that the 
Bailway Commissioners had no jurisdiction to entertain the 
matter. If there was a statement in the complaint that the 
overcharge was done with the intent to stop the running 
of a train, or prevent a certain number of trains going, as 
at present advised, I should think it was matter within the 
jurisdiction of the Bailway Commissioners, because such 
would prevent the carriage of peissengers ; and I am also 
inclined to think that if the statement of the complaint 
were that there was not simply an overcharge, but an 
overcharge so great that it did in fact prevent passengers 
going by trains, or did in fact prevent any train being put 
on the line which ought to be there, that that would give 
them jurisdiction, and that it would be the duty of the 
Commissioners to entertain the application." 

The Railway Commissioners, in Young v. Ghoaendreth 
Valley Ry, Co, (t/), held that excessive charges imposed on 
traffic subjected it to unrecusonable disadvantage, and 
amotmted to an infringement of the Traffic Act of 1854. 

The question was again raised in a slightly different 
form in the case of The Distington Iron Co. v. L. 8^ N, W. 
Ry, Co. {v). In that case, the applicants, being charged 
excessive rates for their traffic, remonstrated against the 
charges as excessive and calculated to injure their business, 
and wrote a letter to the railway company in which they 
stated their intention not to pay more than the legal 
charges, and the company thereupon told them that, unless 

(u) 4 B. & Mac. 247. 

{v) 4 Times L. E. 785 ; 6 B. & Mac. 108. 



DUE AND REASONABLE FACILITIES. 31 

the letter was withdrawn, they would not receive or cany 
their traffic. The Commissioners, oppressed, no doubt, 
with the difficulty of reconciling these two decisions, held 
that this constituted a distinct tender of the traffic by the 
applicants, and a refusal by the company to receive it, 
except on terms which they were not warranted in exacting, 
and that this constituted a denial of reasonable facili- 
ties. The Divisional Court (tr), however, refused to adopt 
this view, but held that the case was governed by Brown^s 
case {x)j being merely a charge made by the railway com- 
pany in excess of their statutory powers. 

In spite of the approval the Aberdeen case received in 
BroicfCs casey it is difficult to reconcile satisfactorily the 
dicta of the judges of the Court of Session in the Aberdeen 
case with those of the judges in the two English cases 
above referred to {y) ; but the question has not now the 
importance that it once had, as the Railway and Canal 
Commission have now been expressly given jurisdiction in 
any question or dispute involving the legality of any toll, 
rate, or charge (2). 

{w) Reg, y. Railway Commusioners, 6 Times L. B. 333 ; 22 Q. B. 
D. 642; 6B. & Mac. 118. 

{x) Braum v. O. W. Ry. Co,, 3 N. & Mac. 623 ; 7 Q. B. Div. 182. 

{y) It wiU be seen that tliis is not the only question in which 
Scotch, and English Courts have airiyed at different conclusions. 
See pp. 53, 61. Where any such disputed question arises, the 
Bailway and Canal Commifision Court will be bound by the deci- 
sion of the Courts of the country in which it is sitting (see Macfar^ 
land y. N, B. By, Co,, 4 B. & Mac. 206 ; Menzies y. Cal. Ry, Co,, 5 
B. & Mac. 306), until the disputed point has been settled by the 
House of Lords under sect. 17, sub-s. 5 of the Act of 1888. 

(«) Act of 1888 (51 & 52 Yict. c. 25), sect. 10, and see p. 79. 



32 CARRIAGE OF MERCHANDISE BT RAILWAY. 



CHAPTER IV. 

THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 

When railway oompanies obtained their earliest Acts for 
the formation of their lines, but few restrictions were placed 
on their dealings with their customers, it being, no doubt, 
anticipated that the competition to which they would be 
subjected by other forms of land carriage would render 
legislation unnecessary. But when it was found that the 
railway companies had obtained, not only a monopoly of 
the traffic on their own lines, but almost a complete 
monopoly of land traffic between the places connected by 
railway communication, and that places where competitive 
means of transit, as by sea or canal, were still left, enjoyed 
a disproportionate advantage, it was considered necessary 
to place certain restrictions on the dealings of railway 
companies with their customers to secure fairness of treat- 
ment. To secure this equality of treatment, various legis- 
lative enactments have been passed, and various obligations 
have from time to time been imposed upon railway com- 
panies in their private Acts. One of the earliest public 
enactments having this object in view is sect. 90 of the 
Bailways Clauses Act, 1845 (a), often known as the 
Equality Clause. It is as follows : — 
Sect. 90, Rail- " And whereas it is expedient that the company should be 
Act* usee ^j^g^^^j^^ j^ ^g^j ^j^^ ^^ upon the railway so as to accom- 
modate them to the circumstances of the traffic, but that 
such power of varying should not be used for the purpose 

(a) 8 Yict. 0. 20, 8. 90. 



THE EQUALITY CLAUSE AND UNDUE PREFERENCE. '33 

of prejudicing or fayouring particular parties, or for the 
purpose of coUusiyelj and unfairly creating a monopoly, 
either in the hands of the company or of particular parties; 
it shall be lawful therefore for the company, subject to the 
proviuons and limitations herein and in the special Act 
contained, from time to time to alter or vary the tolls by the 
special Act authorized to be taken, either upon the whole 
or upon any particular portions of the railway, as they 
shall think fit ; provided that all such tolls be at all times 
charged equally to aU persons, and after the same rate, 
whether per ton per mile or otherwise, in respect of all 
passengers, and of all goods or carriages of the same 
description, and conveyed or propelled by a like carriage 
or engine, passing only oyer the same portion of the line 
of railway under the same circumstances; and no reduction 
or advance in any such tolls shall be made, either directly 
or indirectly, in favour of or against any particular 
company or person travelling upon or using the railway." 

It has been decided that an action will lie under this Enforoedby 
section for refusing to carry for a particular person upon ^^^^' 
the same terms as for others (^), and also that, where 
excessive charges have been made by a company in contra- 
vention of this section, an action for money had and 
received will lie to recover back the excess of the charges 
so made, if they have been paid imder protest, or in 
ignorance of the facts (c)^ and in such a case, the amount 
to be recovered must be calculated by ascertaining what 
quantity of goods was carried over the line at the higher 
rate under the same circumstcmces, and over the same 
portion of the line, at the time the lower rate was charged 
to another trader {d). 

(6) Crouch V. O. N. By. Co., 9 Ex. 666. 

(c) G. W. By. Co. V. SuUon, L. E. 4 H. L. 226; Evershed v. L. A 
N. W. By. Co., 3 App. Cae. 1029. 

(d) Denahy Main Colliery Co. v. M, 8. A L» By, Co., 11 App. 
Gas. 97. 

D. D 



34 CARRIAGE OF MERCHANDISE BY RAILWAY. 

Packed Further, the words " goods of the same description " and 

" under the same ciroumstances " are used with reference, 
not to the contents of the parcels consigned for carriage, 
but to the parcels themselves {i.e.y like or different for 
purposes of carriage), and with reference to the conveyance 
of the goods, and not to the persons who send them. And, 
hence, packed parcels, whatever their contents, are goods of 
the same description within this section, and whether sent 
by another carrier, or by a wholesale dealer are of the same 
description for the purposes of this section (e). And also, 
the fact of the goods being about to be applied for 
different purposes after arriving at their destination (as 
where the goods were to be used by one customer for 
shipping to a particular port to open a new market and so 
increase the tonnage carried), does not constitute a differ- 
ence in the circumstances under which the goods are 
carried (/). 

And in this section, the word " tolls " is not confined, as 
in certain other places in the Railways Clauses Act, to tolls 
strictly so called for the use of the railway only, but it 
includes the rates and charges ordinarily made {g). 

But, notwithstanding this, the clause is of limited appli- 
cation, for the part of the section relating to equality of 
tolls only applies when the journey is between the same 
points of departure and arrival {h). It has, therefore, no 
application to the case of lower rates being charged for a 
long than a short distance (t), nor to a case where charges 
are made in pursuance of a traffic agreement with another 



(c) G. W. By. Co, V. SvMon, L. E. 4 H. L. 226. 

(/) Denahy Main Collitry Co, v. M, S, <fc L, By. Co.f 11 App. 
Cas. 97. 

(g) L. & N. W. By. Co. v. Evershed, 3 App. Cas. 1029. 

(A) Denahy Main Colliery Co. y. M. 8. <fe L. By. Co., supra. 

(i) A.'G. V. Birmingham and Derby Junction By. Co.^ 2 Bailw. 
PaB. 124. 



THE EQUALITY CLAUSE AKD UNDUE PREFERENCE. 35 

oompany under sect. 87 of the Bailways Clauses Act, 
1845 (*). 

Undue Preference. 

The Eailwaj and Canal Traffic Act of 1854 provides 
that no railway oompany shall make or give any undue or 
unreasonable preference or advantage to or in favour of 
any particular person or company, or any particular 
description of traffic in any respect whatsoever, nor shall any 
such company subject any particular person or company, 
or any particular description of traffic, to any undue or 
unreasonable prejudice or disadvantage in any respect 
whatsoever (/). 

But though this statutory duty is thus thrown on the How 
railway companies, the only place it can be enforced in is 
the Court of the Railway and Canal Commission. The 
power to enforce this enactment was originally vested 
(by the same Act) in the Court of Common Fleas, after- 
wards by the Regulation of Railways Act, 1873 (36 & 37 
Vict. c. 46), sect. 6, transferred to the Railway Commis- 
sion, and finally by the Traffic Act of 1888, sect. 8, to the 
present Railway and Canal Commission. 

Undue or unreasonable charges which prejudice a par- Hi^h Court 
tioular trader by preferring others to him, cannot be tion?' 
recovered by an action in the High Court (m). And in an 
action in the High Court by which a railway company 
seeks to recover charges for the carriage of goods, the fact 
that the defendant is subjected by the railway company to 
unreasonable charges amoimting to an undue preference 
is no defence to the action ; nor can the defendant in such 



{h) HuU and Barnsley By, Co, v. York and Derby Coal Co., 18 
a B. Div. 761. 

{I) 17 & 18 Yict. c. 31, 8. 2; the whole section will be fooind, 
ante^ p. 15. 

(w) Denaby Main Colliery Co, v. M. S, & L, By, Co,^ 11 App. Cas. 
97, 113, 121 ; Hole v. Dighy, 27 W. B. 884. 

d2 



36 



CARRIAGE OF MBRCHANDISB BY RAILWAY. 



Undue pre- 
ference in 
special Acts. 



Damages. 



Act of 1888. 

Oniift of 
proof. 



an aotion set ofp, or recover by counter-claim, over-pay- 
ments in respect of previous charges which were unreason- 
able in the same sense ((?), even though payments have 
been made under protest, and a decision of the Bailway 
Commissioners has been obtained declaring the charges 
unreasonable (d). 

The powers of the Railway and Canal Commission in 
matters of undue preference have been considerably affected 
by the Act of 1888. In the first place, by sect. 9 of that 
Act, when any enactment in a special Act contains pro- 
visions relating to undue preference, the Commission have 
now the like jurisdiction to hear and determine a com- 
plaint of a contravention of the enactment as they have 
with regard to a case under the general Act (e). 

Then they have also power to award damages " in com- 
plete satisfacton of any claim, including repayment of 
over-charges " (/). But to entitle a party to damages the 
complaint must be made within one year from the dis- 
covery by him of the matter complained of; and damages 
for undue preference are not to be given if the rates 
complained of have been duly published by the company 
in their station rate books, unless and until the party 
complaining shall have given written notice to the railway 
company requiring them to abstain from or remedy the 
matter of complaint, and the company have failed within 
a reasonable time to comply therewith {g). 

Further, sect. 27 of the same Act (h) provides : 
" (1) Whenever it is shown that any railway company 
charge one trader, or class of traders, or the traders in any 
district, lower tolls, rates, or charges for the same or 



(c) Lane, A York. By. Co. v. Chreenwoody 21 Q. B. D. 215. 

{d ) Rhymney By. Co. v. Bhymney Iron Co., 25 Q. B. Div. 146. 

(c) 51 & 62 Vict. c. 25, s. 9. 

(/) Tbid. 8. 12. 

Ig) Ibid. 8. 13. 

{k) Traffic Act, 1888 (51 & 52 Vict. c. 25), s. 27. 



THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 37 

Bimilar merchandise, or lower tolls, rates, or charges for 
the same or similar services, than thej charge to other 
traders, or classes of traders, or to the traders in another 
district, or make any difference in treatment in respect of 
any such trader or traders, the burden of proving that 
sach lower charge or difference in treatment does not 
amount to an undue preference shall lie on the railway 
company. 

" (2) In deciding whether a lower charge or difference Qnesti<mi to 
m treatment does or does not amount to an undue pre- 
ference, the Court having jurisdiction in the matter, or 
the Commissioners, as the case may be, may, so far as they 
think reasonable, in addition to any other considerations 
affecting the case, take into consideration whether such 
lower charge or difference in treatment is necessary for the 
purpose of securing in the interests of the public the 
traffic in respect of which it is made, cmd wjiether the 
inequality cannot be removed without unduly reducing the 
rates charged to the complainant. Provided that no 
railway company shall make, nor shall the Court, or the 
Commissioners, sanction any difference in the tolls, rates, 
or charges made for, or any difference in the treatment of 
home and foreign merchandise in respect of the same or 
similar services. 

" (3.) The Court or the Commissioners shall have power 
to direct that no higher charge be made to any person for 
similar services in respect of merchandise carried over a 
less distance than is made to any other person for similar 
services in respect of the like description and quantity of 
merchandise carried over a greater distance on the same 
line of railway." 

The results of this enactment have been explained b& iiesult. 
follows. Sub-sect. (1) makes it clear that all the specific 
things there mentioned are within the cognizance and 
jurisdiction of the Kailway and Canal Commission Court. 
It also facilitates the course of a complainant by making 
it perfectly clear that the various classes of differential 



38 CARRIAGE OF MERCHANDISE BY RAILWAY. 

treatment enumerated are primd facie objectionable, and 
will be restrained, unless they can be justified (i). 

Sub-sect. (2), however, enlarges the area of discussion in 
the consideration of a case of undue preference (/) ; and, 
as in making an order on a railway company to desist from 
a preference, the Court can make no order as to how the 
inequality is to be redressed, but the company may either 
level up the lower rate, or level down the higher one, or do 
both, — the result of the section is that if, on a case of un- 
due preference being primd fack established, the railway 
company can satisfy the Court that to level up would 
destroy a traffic which in the public interest ought to be 
secured, and aUo (A;) that to level down would be to effect 
an "undue reduction," it follows that neither the one 
method of redressing the inequality, nor the other, nor a 
combination of the two, ought to be adopted, and there- 
fore the order ought not to be made. In other words, the 
state of things which creates the preference has been justi- 
fied, and the preference ceases to be " undue " within the 
meaning of the legislation (/). 
Pablic The question as to what constitutes the "public interest" 

must always be a difficult one. The Court, in the case re- 
ferred to, took a somewhat imcertain view, but in a later 
case (m) correcting their previous decision, held that the 
public intended is the public of the locality or district 
affected, and that any considerable slice of the population 
in general, as opposed to an individual or association of 
individuals, would satisfy the definition. 

In a case before the passing of the Act of 1888 before 
the old Bailway Commissioners, the question of the interest 

(t) Liverpool Com Trade Associations, L, & N, IF. Ry, Co,, (1891) 
1 a. B. 120, 130. 

(y) Ibid. pp. 130, 138; 7 B. & Mac. 125. 

{k) Notice the word is andf not or. 

(1) Liverpool Com Trade Association y. L. &N. W. Ry. Co., (1891) 
1 aB. 131; 7B. &Mac. 134. 

(to) Liverpool Com Trade Association v. G, TF. Ry, Co., 8 Times 
L. E. 619. 



interest. 



THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 39 

of the public was raised and considered ; the complaint was 
that the railway company, after having removed their coal 
dep6t from Oldham Station to a station further away from 
Manchester at Miles Plating, still continued to carry coal 
for the Corporation of Manchester to Oldham Station for 
use in the gasworks, but refused to do so for the applicants 
and other traders. The Commissioners held that the rail- 
way company had, under the circumstances, reasonable 
grounds for separating their coal and general goods traffic, 
and that the exception in favour of the corporation, being 
made in the interests of the public, who were benefited by 
having the coal supplied for lighting Manchester carried 
to a station near the gasworks, constituted no undue pre- 
ference in their favour, by which the applicant or other 
coal dealers would be prejudiced (n). 

And in another case where, for a fixed charge, a railway 
company undertook all services incidental to the transit 
of traffic coming from abroad, including Custom House 
agency, and allowed their servants to do the clearing at 
the Custom House, though the Custom House agents 
were thereby deprived of earning a commission in respect 
of the goods jBO carried, the Commissioners considered that 
the arrangement was made in the public interest, and 
refused to interfere (o). 

Sect. 28 {p) enacts : '^ The provisions of sect. 2 of the Extension to 
Railway and Canal Traffic Act, 1864, and of sect. 14 of ^^.'^^^ 
the Begulation of Bailways Act, 1873 (^), and of any 
enactments amending and extending those enactments, 
shall apply to traffic by sea in any vessels belonging to or 
chartered or worked by any railway company, or in which 
any railway company procures merchcmdise to be carried, 
in the same manner and to the like extent as they apply 
to the land traffic of a railway company." 

(n) Lees v. Lane, & lork, Ry, Co., 1 N. & Mac. 352. 

(o) Greenop v. 8, E, Ry, Co., 2 N. & Mao. 319. 

Ip) Act of 1888 (51 & 62 Vict. c. 25). 

(q) /. e. , proyieioiis as to the keeping of rate books at stations, p. 84, 



40 CARRIAGE OF MERCHANDIBE BY RAILWAY. 

Group rates. Sect. 29 of the same Act has an important bearing on 
questions of undue preference, and somewhat enlarged the 
powers of railway companies, as it permits railway com- 
panies to charge group rates. It provides : — 

Sub-sect. (1.) "Notwithstanding any provision in any 
general or special Act, it shall be lawful for any railway 
company, for the purpose of fixing the rates to be charged 
for the carriage of merchandise to and from any place on 
their railway, to group together any number of places in 
the same district, situated at various distances from any 
point of destination or departure of merchandise, and to 
charge a uniform rate or imiform rates of carriage for 
merchcmdise to and from all places comprised in the group 
from and to any point of destination or departure." 

Sub-sect. (2.) " Provided that the distances shall not be 
unreasonable, and that the group rates charged and the 
places grouped together shall not be such as to create an 
undue preference." 

Sub-sect. (3.) " Where any group rate exists or is pro- 
posed, and in any case where there is a doubt whether any 
rates charged or proposed to be charged by a railway com- 
pany may not be a contravention of section two of the 
Bailway and Canal Traffic Act, 1854, and any Acts 
amending the same, the railway company may, upon 
giving notice in the prescribed manner, apply to the Com- 
missioners, and the Commissioners may, after hearing the 
parties interested and any of the authorities mentioned in 
section seven of this Act, determine whether such group 
rate or any rate charged or proposed to be charged as 
aforesaid does or does not create an imdue preference. 
Any persons aggrieved, and any of the authorities men- 
tioned in section seven of this Act, may, at any time after 
the making of cmy order under this section, apply to the 
Commissioners to vaiy or rescind the order, and the Com- 
missioners, after hearing all parties who are interested, 
may make an order accordingly." 

The effect of this section is practically to extend the 



THB EQUALITY CLAUSE AND UNDUE PREFERENCE. 41 

discretion of railway oompanies, and to some extent to Effect of 
limit the enactments against nndue preference in cases " " ®* 
where the section is applicable. If the rates could be 
justified on the ground that they did not create an undue 
preference without grouping, this section would be in- 
operative ; and so where there is a group rate which is 
justified on the commercial grounds of convenience, the 
measure of imdue preference must be different from that 
where no such rate exists ; and whenever there is a group- 
ing which can be justified on the general ground of con- 
venience, a more liberal allowance must be made to the 
companies in dealing with rates than would be permitted 
except for the grouping {p). 

But still, if it be shown that a number of places are 
grouped together with respect to goods coming in one 
direction only, while there is no group rate applicable to 
goods coming in the opposite direction, so that the trader, 
situate at the farthest point of the places grouped together, 
who benefits most by the group rate, also benefits most 
from the rates on traffic coming or going in the opposite 
direction, aud in fact the advantages are all in one direc- 
tion, that will tend to show that the grouping between the 
extreme places is excessive, and to induce the Court to 
confine the section within moderate limits (p). Prior to 
the passing of the Act of 1888, however, it had been 
decided that a system of grouping was carried too far 
where the same rate was charged to all the collieries work- 
ing the same bed of coal, where the coal field extended for 
twenty miles and covered an area in which the pits might 
be that distance apart (q). 

In a recent case the grouping of two places, A. and B., 
one of which was situate 11 miles nearer to the usual 
market than the other, was held reasonable, it appearing 



(p) North Lonsdale Iron Co. v. Furnesa By, Co,, 64 L. T. N. S. 
122, 126; 7 B. & Mac. 146, 152. 

{q) Denahy Main Colliery Co, v. M, 8, <fc L, By, Co,, 3 N. & Mac. 
426. 



42 



CARniAGE OF MERCHANDISE BY RAILWAY. 



Limits of 
nndne pre* 
ferenoe. 



^ 



Undue pre- 
ference off the 
railway. 



that the difitanoe of both A. and B. from the market was 
about equal by a competitive line of railway (r). 

The section itself, however, shows that the ultimate test 
to be applied in order to ascertain whether the group rate 
is allowable or not, is whether it does in fact constitute an 
imreasonable preference of certain persons over others. 

It is proposed, therefore, to trace shortly the grounds on 
which a preference has been held undue, and those on 
which it has been held to be .justified. 

In the first place, then, the undue preference to call for 
the interference of the Hallway and Canal Commission 
must arise in the "receiving, forwarding, or delivery of 
traffic," and must also bo done by the delinquent company 
in their capacity of a railway or canal company («). So 
where a railway company owned docks, the Commission 
were held to have no jurisdiction to entertain a complaint 
that the company were charging preferential dock dues {t). 

And so where a railway company were proprietors of 
the Grrimsby Old Dock and the Ghrimsby New Dock, and 
were authorized and required to maintain the old dock 
and the approach thereto of a given depth, but neglected 
to do so, and the dock got silted up so that vessels could 
not get to the wharves, and it was suggested that the 
object of the company was to discourage traffic to the old 
dock and divert it to the new one, it was held that the 
failure by the railway company to perform their duty was 
not subject for redress under the Traffic Act of 1854 (u). 

On the other hand, the a^ of imdue preference need not 
be done on the railway itself. Thus an injimction will be 



(r) Pickering Phippa v. L. dt N. W. By. Co,, 8 Times L. E. 419; 
the distance is so stated in the report of Lord Herschell's judgment, 
but from the early part of the report it would appear to be 9 miles. 

(«) East and West India Dock Co. v. Shaw <k Co., 39 Oh. D. 524 ; 
West V. L. & N. W. By. Co., L. E. 6 0. P. 622 ; Baxendale v. L. <k 
8. W. By. Co., L. R. 1 Ex. 137. 

(0 East and West India Dock Co. y. Shaw <fc Co., 39 Ch. D. 524. 

(u) Btnnet v. M. S. dc L. By. Co., 6 0. B. N. S. 707 ; 1 N. & 
Mac. 288. 



THB EQUALITY CLAUSE AND UNDUE PREFERENCE. 43 

issued against a railway company if it prefer itself as a 
carrier by road, after the transport by railway has come to 
an end, over other carriers by road (r), or if the railway 
company prefer its own agents to other carriers (it), or so 
act as to give its agents an undue advantage over other 
carriers (;p). In a recent case, WiUs, J., thus stated the 
question, " If a railway company have completed the con- 
tract they have entered into with their customer without 
default, anything which may happen by the action of 
anyone else is not a matter for which they are liable ; but 
as long as their contract with their customer remains, they 
must take care that in the performance of that contract, so 
far at least as they can prevent it, the customer does not 
suffer from any undue preference ; and it is no answer to 
say that ^ the reason why the undue preference is given is 
some private arrangement between us and our agents,' or 
anyone else, nor is it material to inquire how the unequal 
charges came to be made if they have been made in 
fact"(y). 

In this case the Court held that where goods were 
handed to a railway company, addressed to A. B. at 
Shanklin, " per Ford," it was quite clear that both parties 
understood such an address to be a direction to carry to 
Ford at the place named, and that their duty was dis- 
charged on delivery to Ford, and that they had nothing to 
do with any further delivery, nor any right to deliver to 
the ultimate consignee direct, either themselves or by their 
agents. 

It is obvious that some kinds of traffic may be more Allowanoes. 
easily worked than other traffic, whether by reason of the 

(r) Baxendale v. G. W. By, Co, {Reading Case), 1 N. & Mao. 202 : 
5 C. B. N. S. 336; GarUm v. Bristol and Exeter By. Co,, 6 0. B. 
N. S. 639; 1 N. & Mao. 218. 

(w) Baxendale v. North Devon By, Co,, 1 N. & Mac. 180 ; 3 0. B. 
N. S. 324. 

(») Ford V. L. & 8. W, By. Co,, 63 L. T. N. S. 841 ; 7 B. & Mao. 
111. 

(y) IM. 



44 



CARRIAGE OF MERCHANDISE BY RAILWAY. 



Equal mile- 
age rates. 



Qradients. 



gradients over which it has to pass, the quantity or 
regularity of the traffic, or the like; and if a railway 
company in making its charges against two kinds of 
traffic make an allowance in favour of that which is most 
easily worked, so long as that allowance does not exceed 
the difference in cost to the railway company in working 
the two kinds of traffic, that will not be considered an 
undue preference (s). 

In the comparison of rates the distance must always be 
the main element for consideration, and in any case where 
a railway company choose to adopt an equal mileage 
standard in fixing their rates, such rates should be 
perfectly unassailable. At the same time (as stated in 
the report of the Committee of 1872) there are obvious 
objections to it as a fixed standard (a). 

And if there are any circumstances existing to show 
that a particular trader's traffic can be worked more 
cheaply than the traffic of other traders, or than that of 
the public, and if the rates in force do no more than make 
allowance for these circumstances, then those rates cannot 
be successfully impeached (b). 

For instance, one line may be more expensive to work 
than another by reason of heavy gradients. Thus, upon 
a complaint that the railway company did not give the 
traders of Newry the benefit of the geographical position 
of Newry with regard to Belfast and several towns lying 
west and north-west of Newry, and that the railway company 
gave a preference to the traders of the said towns to send 
their goods to and from Belfast at much lower rates than 
to Newry, though in every instance Newry was much 
nearer to them than Belfast ; in their answer the railway 



(z) Rhymney Iron Co, v. Bhymney Ry, Co.^ 6 B. & Mac. 60 ; 4 
Times, L. E. 717 ; Newry Town Commrs, v. G, N, Ry, Co,, 7 B. & 
Mac. 184. 

(o) Town Commrs. of Newry v. O, N, Ry, Co,, 7 B. & Mac. 184, 
see per Murphy, J., 189. 

(6) Rhymney Iron Co, v. Rhymney Ry, Co,, 6 B. & Mac. 60; 
Holland v. Festiniog Ry, Co,, 2 N. & Mac. 278. 



THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 46 

oompany set up as an explanation of the undue preference 
of Belfast over Newry, that the line to Newry was over 
heavy gradients, while that to Belfast was level ; but the 
Commission Court held that the rates (which in some 
cases made a difference of only a Id. for a distance of 
sixteen miles) were unfair, and granted an injunction. 
The railway company then made a table charging so much 
for the first twenty-four miles, and for the next twenty- 
four miles a lower rate, and added a sum from 2d. to 4d. 
when the gradient was against the load ; and this charge 
for gradient (which was objected to by the complainants 
on a motion for penalties) was sanctioned, Sir F. Peel 
saying, ^' Now as to the priociple of an extra charge for 
increase in cost of working, I do not think it has ever 
been considered to be an infringement of the Traffic Act, 
1854, that a railway company should charge a higher rate 
per ton per mile for any portion of its line over which it 
is more expensive to work than over other portions, and, 
where there has been a difference of rate due to that 
particular cause, such a rate has never been considered to 
be a preferential rate " {c). 

And so long distance traffic, being more cheaply worked Long and 
as a rule than short distance traffic, may gj^nerally be ^J^^"^ 
legitimately charged a lower mileage rate(^). But if such 
a lower charge on long distance traffic be made, a complaint 
by a short distance trader is not disposed of by showing 
that the lower rate per ton makes the highest aggregate 
rate. It seems, however, that in the case of two unequal Larg^est profit 
distances, where the larger gross rate yields also the larger pate^sMfta 
profits, it is not necessary that these should be proportional ouhb of proof. 
— what is a due increase must depend in each case on the 
particular circumstances — and if the railway company can 

(c) Toum Commra. of Newry v. Q. N. Ry. Co.^ 7 B. & Mac. 184; 
and cf. NiUliill and Lesmahagow Coal Co. v. Cal. By. Co., 2 N. & 
Mac. 39; BelUdyke Coal Co. v. N. B. Ry. Co., 2 N. & Mac. 105. 
An incline toll was sanctioned, in this case. 

{d) Ransome v. Eastern Counties Ry. Co. (No. 4), 1 N. & Mac. 
165 ; 8 0. B. N. S. 709 ; Foreman v. (7. E. Ry. Co., 2 N. & Mac. 202« 



46 



CARRIAGE OF MERCHANDISE BY RAILWAY. 



Through and 
local rates. 



Guarantee of 
traffic. 



show that the larger profit arises from the larger gross 
rate, the burden of proof is shifted, and rests on those who 
impugn the rate to show that the difierenoe in charge 
operates to their injury (e). 

Through rates, however (i. ^., rates to which more than 
one company are parties), stand upon rather a different 
footing to rates charged by a railway company in respect 
of goods travelling over its own line only, and, in most 
cases, are not to be compared with local rates in consider- 
ing cases of undue preference (/) ; there would, however, 
appear to be a distinction between through rates fixed by 
agreement between railway companies, and through rates 
that have come before the Kailway Commissioners or the 
Eailway and Canal Commission, and been adjudicated 
upon by them (g). 

And seeing that traffic in considerable quantity, regu- 
larly despatched, can ber worked more cheaply than an 
intermittent traffic of uncertain character, a guarantee of 
constfiuit and regular traffic will justify a rebate from the 
ordinary rate {h). So an agreement to allow reduced 
rates to certain traders, in consideration of a guarantee by 
them to send by railway such a quantity of coal in fully 
loaded trains as would produce to the company a gross 
yearly revenue of 40,000/., was held a legitimate agree- 
ment (t) ; as was also cm agreement to give a rebate of 15 



(e) BrougMon and Plas Power Coal Co, v. O. W, By, Co,^ 4 B. & 
Mac. 191. 

(/) Hull and Bameiley By, Co, v. York and Derby Coal and Iron 
Co., 18 Q. B. Div. 761; Londonderry Harbour Commisatoners v. 
O, N, By, Co., 5B,& Mac. 282. 

{g) Londonderry Harbour Commissioners v. G, N, By, Co,, 6 B. & 
Mac. 282, at p. 302, per A£r. Oommissioner Miller. 

(A) Bichardson v. Mid. By. Co,, 4 B. & Mao. 1; Bansome v. 
Eastern Counties By. Co. (No. 4), 1 N. & Mac. 165; 8 0. B. N. S. 
709. See Bhymney Iron Co. v. Bhymney By, Co., 6 B. & Mac. 60; 
4 Times L. R. 717 ; Oarton v. Bristol <k Ex. By. Co., 1 N. & Mac. 
218 ; 6 G. B. N. S. 639. 

(i) Nicholson V. G, W. By, Co, (No. 1), 1 N. & Mac. 121 ; 5 C. B. 
N. S. 366, 436. 



THE EQUALITY CLAUSE AKD UKDUB PRBFSRENCB. 47 

per cent, in oonBideratioii of a contract to send 850 tons of 
goods per month by the company's railway and steamers {k) . 

Thus, a trader may legitimately receive a preference 
from a railway company, if, by any means, he is able to 
reduce the cost of carriage to the company ; for instance, 
by being able to despatch his traffic in full train loads (/) ; 
or by being able to load a greater weight into his trucks (m) ; 
or by being able to make use of an improved class of roll- 
ing stock, which other traders are imable to employ («) ; 
or by reason of his being situate at a large town, where 
the railway company, on delivering his trucks, are certain 
of a ** back load," whilst in other places the traffic is so 
small that the trucks have to be returned empty (o). 

But it is not for the public interest that one railway Amement 
company should be able, by differential rates, to diminish ^^^^^ 
the accommodation and availability of the railway of 
another company, and to limit the freedom of consignors 
and consignees to use either as they please, or oblige them 
in their use of a competitive railway, to use it upon the 
terms of paying higher rates to the company than are paid 
by persons using the same railway (je>). And so an agree- 
ment to give a rebate or reduced rate in consideration for 
the trader undertaking to send a certain percentage of his 
traffic (j), or all his traffic (r), by the company's railway 



{k) Oreenop v. 8. K Ry, Co., 2 N. & Mac. 319. 

(Z) Bansome y. Eastern Counties Ry, Go, (No. 2), 1 N. & Mac. 109; 
lUd, (No. 4), 1 N. & Mac. \bb \ RxchardB<m v. Mid. Ry. Co., 4 B. & 
Mac. 1 ; Nicholson v. G. W. Ry. Co., 1 N. & Mac. 121. 

(m) Qirardot, Flinn & Co. v. Mid. Ry. Co., 4 B. & Mac. 291. 

(w) Holland v. Fesiiniog Ry. Co., 2 N. & Mac. 278. 

(o) Oirardot, Flinn & Co, v. Mid. Ry. Co., supra. 

{p) Harris v. Cockermouth Ry. Co., 1 N. & Mac. 97 ; 3 0. B. 
N. S. 693; Rhymney Iron Co. v. Rhymney Ry. Co., 6 B. & Mac. 60, 
at p. 64. 

(9) Rhymney Iron Co. v. Rhymney Ry. Co., 6 B. & Mac. 60; 
Oarton v. Bristol & Ex. Ry. Co., 1 N. & Mac. 218 ; Baxendale v. G, 
W. Ry. Co., 1 N. & Mac. 191. 

(r) Diphwys Casson Slate Co. v. Fesiiniog Ry. Co.^ 2 N. & Mac. 
73; Holland v. Fesiiniog Ry. Co*, 2 N. & Mac. 278. 



48 



GAHRIAGE OF MERCHANDISE BY RAILWAY. 



Preference to 
obtain traffic. 



Competition 
may be 
considered. 



is unfair, even though the agreement be offered to all traders 
alike, for what may be fair for one trader may be unreason- 
able in regard to another («). 

And so a railway company will not be allowed to give a 
preference to a trader in order to secure traffic which they 
otherwise would lose ; as where a railway company, in 
order to secure the traffic of a trader which would other- 
wise travel by another line, perform services, such as 
cartage, gratuitously {t), or allow him a rebate not allowed 
to others, they are guilty of an undue preference («). 

Everyone has a right to the natural advantages which 
have been acquired by the proximity of his land to a rail- 
way, and a railway company is not justified in depriving 
him of it, by allowing to another not so favourably situate 
the expense which he may have incurred in connecting his 
place with the railway, in the reduced charge at which the 
company carry his goods on their railway («?). 

At the same time, where a railway company are charged 
with showing an undue preference to one trader as com- 
pared with another situate at another pl6U)e on the line, the 
Commission Court are entitled to take into consideration 
the commercial necessity of competition with a rival line 
of railway to which the railway company are subject. 
This was decided in the recent case of Pickering Phipps v. 
L, Sf N. W. My, Co, (tr), where Lord Herschell, in giving 
judgment in the Court of Appeal, referring to the conten- 
tion that a trader was entitled absolutely to the advantage 
of his geographical position, said, that he could not see 
why the position of a trader where he had the advantage 



(») Diphwys Casson Slate Co,y, Festiniog Ry, Co,, 2 N. & Mac. 73, 
p. 79 ; Rhymvey Iron Co, v. Rhymney Ry, Co,, 6 N. & Mac. 60. 

(<) Everahed v. L, & N, W, Ry, Co,, 3 App. Cae. 1029; 3 Q. B. 
Div. 136 ; 2 Q. B. D. 254. 

(m) Bell V. Mid, Ry, Co,, 2 N. & Mac. 185; Harris y, Cockermouth 
& Workington Ry, Co,, 3 C. B. N. S. 693 ; 1 N. & Mac. 97. 

(v) Harris v. Cockermouth & Workington Ry, Co,, per Williams, 
J., 1 N. & Mac. 105. 

(«;) 8 Times L. R. 419. J /^"^ / 2.(^.fl. 7-^^ 



THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 49 

of oompeting routes should not equallj be taken into ao- 
oount, or that proximity to the market was the only matter 
to be considered between two traders. If the existence of 
the competing route was to be excluded altogether, the 
result would be to deprive the trader who had the advan* 
tage of the competition of some of the advantages of his 
position. 

As a railway company may not prefer one trader to Preferonoe of 
another, so they are not allowed to prefer themselves or 
their own traffic, when acting as carriers off their line, to 
any other trader or carrier. In one case (x), the company, 
who had carried goods at 38. 6d. a ton while the carrier 
had charged 4«. 10^?. for delivery, raised the price for 
carriage to Rs, 4(/., and offered to collect and deliver 
gratis; and this was considered an undue preference by 
the company of themselves. And in another (y), a rail- 
way company, who had receiving houses in various parts 
of London shut their gates and refused to admit the vans 
of other carriers after 6.30 p.m., while the company's own 
vans were admitted up to a much later hour, and the goods 
forwarded by the night trains ; and this was an undue 
preference of themselves ; as was also a case where a com- 
pany who had been in the habit of delivering goods at an 
inclusive rate, allowing a rebate to such persons as fetched 
the goods from the station themselves, suddenly put a stop 
to these rebates, with a view of excluding other carriers 
from competing with them in delivering goods (z). 

And if a railway company have in fact given an undue 
preference to themselves when acting as carriers off their 
railway, in competition with other carriers, in the collec- 
tion and delivery of parcels, the question whether they 



(x) Baxendale v. G. W. By. Co. {Reading Case), 1 N. & Mac. 202; 
5 C. B. N. 8. 336. 
(y) Palmer v. X. B. & 8. C. By. Co., L. B. 6 0. P. 194. 
(z) Garton v. G. W. Ry. Co., 1 N. & Mac. 218; 6 0. B. N. S. 669. 
D. B 



60 CARRIAGE OF MERCHANDISE BY RAILWAY. 

have or have not made a profit by so doing is quite imma- 
terial (a). 

Preferenoe of Neither may a railway company maike a preference in 
favour of their own agents, or of any particular carrier, 
even though the preference has been made in consequence 
of arrangements with another company {b). So a railway 
company may not make a higher charge when goods are 
delivered by one earner than they do when they are 
delivered by others (c). And if they accept parcels for 
conveyance to a place beyond the terminus of their rail- 
way addressed " per Ford & Co.," or addressed to a par- 
ticular carrier at their terminus, they must not disregard 
such address, and if they deliver the goods to the ultimate 
consignee by their agent or by another carrier, it amounts 
to an undue preference of their agent, or of the other 
carrier {d). 

And if a railway company refuse to receive goods from 
the public after 5.15 p.m., but receive them from their 

Cost of agent up to 8 p.m., such conduct is an undue preference of 

^®* their agent (e). And if they allow a rebate or fee to one 

carrier they must do so equally to all(/). But if the 
rebate or fee be allowed equally to all, to the company's 
agents as well as independent carriers, there is no case of 
undue preference, and the Court will not go into the 
question of cost of collection and delivery (g) ; but if the 

(a) Baxendcde v. O. W. By. Co., 1 N. & Mac. 213; 6 0. B. N. S. 
856. 

(6) Baxendale v. North Devon By. Co., 1 N. & Mac. 180; 3 0. B, 
N. S. 324. 

(c) Ibid. ; Ford v. L. & 8. W. By. Co., 7 N. & Mac. 111. 

[d) Ford V. L. & 8. W. By. Co., 7 N. & Mac. Ill; Menzteay. 
Cal. By. Co., 5 B. & Mac. 306; Fishhourne v. G. 8. & TF. By. Co., 
2 N. ft Mac. 224. 

(c) QarUm v. Brittol & Ex. By Co., 1 N. & Mac. 218; 6 0. B. 
N. S. 639 ; Baxendale v. L. & 8. W. By. Co., 1 N. & Mac. 231 ; 12 
0. B. N. S. 768. 

(/) Fishhourne v. M. G. W. By. Co., 2 Eep. Ry. Com. 3. 

(g) Bobertson v. G. 8. & W. By. Co., 2 N. & Mac. 374; Bohertson 
v. M. G. fT. By. Co., Ibid. 409. 



THE EQUALITT CLAUSE AND UNDUE PREFERENCE. 51 

company themselvee act as cairieni for collection and 
deliveiy, the rebate allowed to an independent carrier for 
those services most not be less than the cartage portion of 
the gross rate, or less than the cost of carting, so as to 
nndnlj prejudice the independent carrier in competing 
with the company (h). 

It seems that the obligation imposed on railway com- How long 
panics to treat all their customers equally is coterminous ^uSTtaSt- 
with the contract to carry, and lasts until the contract to "*^* *■•*■• 
carry is performed. This was discussed in Ibrd v. L. 8f 
8. W. Ry. Co. (»). In that cise the railway company 
accepted in London parcels addressed to various places in 
the Isle of Wight, " per Ford & Co." The railway com- 
pany's line stopped at Gosport, where the parcels were 
placed on ships belonging to Messrs. Chaplin, who carried 
them to the Isle of Wight, and there acts of undue 
preference were committed. The applicants had not 
made Chaplin & Co. joint respondents with the railway 
company, as it seems they might have done under sect. 28 
of the Act of 1888 (A) ; and the question was whether the 
railway company alone were liable. 

Wills, J., there said (/) : " In my opinion if the railway 
company have once completed their contract with the 
customer without default, anything which may thereafter 
take place by reason of the action of Chaplin & Co., or 
anybody else, is not a matter for which they are liable 
either, in a civil action or on a complaint of undue pre- 
ference ; but as long as their contract of carriage with the 
customer remains, I think they must take care that in the 
performance of that contract, so far, at least, as they can 
prevent it, the customer does not suffer from any undue 



(A) Ooddard v. L. & 9. TT. By. Co,, 1 N, & Mao. 308; Menzie$T. 
CcU. Ry. Co., 5 B. & Mac. 306. 
(0 7 B. & Mac. 111. 
{k) Ibid., per Sir F. Peel, 121. 
[l) 7 B. & Mac. p. 114. 

e2 



62 



CAKRIAGE OF MERCHANDISE BY RAILWAY. 



WhetlLer 
oompany 
bound by 
general 
orders. 



Address to 
cairier. 



preference ; and I do not think that it Is an answer to that 
complaint to say, * The reason why the undue preference is 
given is some priyate arrangement between us and our 
agents/ or somebody else; and I do not think it is material 
to inquire how it was that the unequal charges came to be 
made (if they really have been made) in respect of services 
which in each case were performed throughout by the 
railway company." 

And Mr. Commissioner Price, after referring to the 
contract of carriage, says (m) : '^ In this particular case it 
is not possible for them (e.g., the railway company) to 
fulfil that contract except through the agency of some one, 
and they have an agent appointed for that express purpose. 
Up to a certain point they are independent of his services, 
but at and from a certain point his services begin, and it 
seems to me from the moment they are called into requisi- 
tion, as long as he has anything to do with the matter, till 
the contract is performed, he is their agent. Therefore, it 
seems to me, from the moment when Chaplin is called in to 
perform part of the contract, we must regard him, what- 
ever else he might be, as their agent. Chaplin may be an 
independent trader as well, but for all purposes he is 
certainly in the first instance their agent, and it seems to 
me, therefore, the company are fairly made liable for 
Chaplin's acts." 

The question how far a railway company is boimd by a 
general order to deliver goods arriving at their station to a 
particular carrier is one of some difiBculty; and opposite 
opinions have been expressed and adhered to on this point 
in the Scotch Courts on the one hand, and the English and 
Irish Courts on the other. 

There is no doubt that when a parcel addressed to an 
ultimate consignee to the care of a particular carrier (n) is 



(m) 7 B. & Mac. 123. 
(n) E,g.,it the parcel be addressed — 
Messrs. J. Brown & Co. 

205, Blank Street, Glasgow. 

care of Pickford & Co. 



THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 63 

delivered to and aooepted by a railway company for oar- 
liage, the railway company impliedly contract to deliver 
the parcel to the carrier to whom it is addressed at their 
terminus (o). 

Also, it is clear that a railway company cannot force a Order m to 
person against his will to employ them to cart by road in ^P*'*™P^^^"* 
addition to the service of conveyance by railway, and that 
a consignee has the right if he pleases to receive his goods 
at the station, and to relieve the carrier from any further 
duty in that case. And if the consignee, expecting a 
particular consignment, sends a special order directing the 
particular consignment to be delivered to the bearer at the 
station, instead of at his own house, the railway company 
would be bound to deliver it to the person producing the 
order {p). 

But with regard to a general order, such for instance as 
where a consignee gives to the railway company an order 
such as '* Please deliver to Mr. Parkinson at Cirencester 
Station all goods consigned to me," the case is somewhat 
different. It has been held by the Court of Common 
Pleas in England (^), that the railway company were 
bound by such order, and if they delivered the goods 
themselves, or by their agent, they were liable to an 
injunction on the ground that they were unduly pre- 
ferring themselves, or their agent, as the case might be. 
"Wills, J., said(r) : "It was urged that great difficulties 
might arise to the company if they were obliged to act upon 
these general orders, inasmuch, as they might run the risk of 



(o) F<yrd v. L. dh 8. W, By, Co., 7 B. & Mac. Ill ; Fick/ard v. 
Cal By. Co., 1 N. & Mac. 252 ; Menzies v. Cal. By. Co., 5 B. & 
Mac. 306, p. 310 ; Fishhoume A Co. v. G. 8. «fe W. By. Co., 2 N. & 
Mac. 224. 

{p) Mmzies v. Cal. By. Co., 6 B. & Mac. 306; BaxendcUe v. 0. W. 
By. Co., 14 0. B. N. 8. 1. 

{q) Parkinson v. G. W. By. Co., L. E. 6 0. P. 544 ; 1 N. & Mao. 
280. 

(r) Ibid., L. B. 6 C. P. 562. 



54 



CARBIAGE OF MERCHANDISE BY RAILWAY. 

delivering the goods to a stranger. But we cannot make 
any distinctions of persons in a case like the present. The 
company have no right to prefer themselves, or any one 
carrier to another. Besides, this is only complaining of 
the ordinary state of things." 

In the Scotch Courts, however, another view has pre- 
vailed, and the Court of Session under similar circumstances 
has twice held (s) that a railway company were at liberty 
to ignore such general orders by the consignee to deliver 
to a particular carrier, without committing any breach of 
the TraflBc Act of 1854. The ground upon which they 
rested their decision seems to have been that the railway 
company had entered into a contract with the consignor to 
deliver the articles consigned by him to the person and at 
the place mentioned in the address ; and that the railway 
company were entitled to reply to such a general order by 
a consignee, " It is not in our power, and we cannot 
undertake to deal otherwise with these goods than accord- 
ing to their addresses, but we will deliver them according 
to the addresses." 

The question came again before the Eailway Commis- 
sioners, and, feeling the diflSoulty of these adverse decisions, 
they decided that the case before them being a Scotch 
case they were bound to follow the views of the Scotch 
Court of Session, which they did, without going into the 
question. It is submitted, however, that the case before 
the Court of Common Pleas was rightly decided, and that, 
although the railway company are pritnd fade liable until 
they have performed the whole of their contract made with 
the consignor, it is competent for the consignee to relieve 
them of a portion of this liability by a proper document in 
writing, signed by him, directing them to deliver at their 
terminus to his servant or agent. This, it seems to be 

(a) Wannan v. Scottish Cent. By. Co., 1 N. & Mac. 237; 2 Ct. 
Sees. Cas. 3rd ser. 1373 ; Pickford v. Cal, Ry, Co,, 1 N. & Mac, 
252 ; 4 Ct. Sess. Cas. 3rd ser. 755. 



THB EQUALITY CLAUSE AND UNDUE PREFERENCE. 55 

admitted, he can do wlien the document refers to particular 
goods (t) ; and it is difficult to understand why the consignee 
should not have the like power of releasing a railway 
company from responsibility, if he desires so to do, in 
respect of goods coyered by a general as well as a spedflc 
description. 

In cases of undue preference it has been frequently Ledger 
adduced as an instance of unequal treatment, and undue ^^w'^*- 
prejudice of the applicant by the railway company that 
the company haye refused to allow the applicant to have a 
ledger account with the company, and insisted on being 
paid forthwith for aU traffic carried by them for or on 
behalf of the applicant {u). This ground of complaint has 
never been favourably entertained. In making contracts, 
subject only to the duty of acting impartially (which is 
performed when the offer of a contract is made to all who 
wish to adopt it) a railway company ought to have as free 
power as any merchant (r). And it is obvious that some 
discretion must be left to a railway company in the con- 
duct of their business, and that the company can alone 
decide to whom it can give credit and to whom it should 
be refused. Where a trader has been allowed credit by 
the company, and has made use of the indulgence 
granted him to exercise a control over the rates of charge 
made by the company which he would not otherwise 
possess, the company would be amply justified in putting 
an end to such conduct by refusing to allow him further 
credit (tr). And, although it is possible that if a ledger 

{t) Menzies v. Col, By, Co., 5 B. & Mac. 210; PuJc/ordy. Cal. 
By. Co., 1 N. & Mao. 252 ; 4 Ct. Sees. Gas, 3rd aer. 755. 

(w) Ooddard v. L. A 8. W* By. Co., 1 N. & Mac. 3C8; Skinningrove 
Iron Co. V. N. E. By. Co., 2 B. & Mac 244 ; Ford v. L. dt S. W. 
By. Co., 7 B. & Mac. 111. 

(v) NichoUony. G. W. By. Co. (No. 2), 1 N. & Mac. 143 ; 7 0. B. 
N. S. 755. 

(w) Skinningrove Iron Co. v. N. E. By. Co., 5 B. & Mac. 251 ; 
Ford V. L. & S. W. By. Co., 7 B. & Mac. p. 118. 



66 



CARRIAGE OF MERCHANDISE BY RAILWAY. 



Befasalto 

supply 

waggons. 



Biyal steam- 
ship oompa- 
nias. 



aooount were wantonly or capriciously refused to one 
trader, when others were allowed to have it, proceedings 
for undue prejudice might be sustained, yet it is a matter 
in which a railway company are entitled to so large a 
measure of discretion, if honestly exercised, that a very 
strong case indeed would be required to support it {x). 

And so where a merchant had refused to pay demurrage 
(or waggon hire) for waggons detained by him, such conduct 
was thought to justify a refusal by the company to supply 
him with more waggons, and such refusal on the part of 
the company was no undue prejudice of the merchant (y). 
It has also been held that a railway company were justified 
in refusing to provide trucks or carry coal for any but 
colliery owners (2), but it is submitted that this is incon- 
sistent with the construction put upon sect. 2 of the Traffic 
Act, 1854, by the Court of Appeal in Dickson v. G. N. Ry. 
Co, (a), and must be taken to be overruled by that decision, 
as such a refusal would be a refusal of reasonable facilities 
within the meaning of the Traffic Acts. 

For a similar reason, where there are more than one line 
of steamboats plying between two ports, a railway com- 
pany running to one of such ports will be justified in 
selecting the steamship company possessing the better 
boats and superior accommodation with whom to enter 
into a through traffic agreement. For considering the 
nature of through traffic and the responsibility of a rail- 
way company booking through to a distance to which they 
have themselves no means of carrying, and the route to 
which is partly by water, it is not a contravention of the 
Traffic Acts for the railway company to select between 



(a?) Ford v. L. A 8, W. Ry. Co,, 7 B. & Mac. p. 117 ; Goddard v. 
X. ife 8, W. By. Co., 1 N. & Mac. 308. 

(y) Oxlade v. N. E. Ry. Co, (No. 1), 1 N. & Mac. 73 ; 10. B. N. S. 
464 ; Shinningrove Iron Co. v. N. E. By. Co., 5 B. & Mac. 244. 

(2) Oxlade v. N. E. By. Co. (No. 2), 1 N. & Mac. 162 ; 15 0. B. 
N. S. 680. 

(a) 18 Q. B. D. 176 



THE BQTJALITT CI^USB AND UNDUE PREFERENCE. 57 

different vessels as to which they will send and reoeive 
goods by, and give a preference to the one they may think 
best entitled to their confidence (6). 

So a railway company, in dealing with the admission or Cabs and 
exduflion of cabs and omnibuses to its station-yard, most *"""'*'^"■••• 
be g^ded by considerations as to public convenience ; and 
if no inconvenience is thereby caused to the public, a 
railway company may exclude certain cabs or omnibuses 
from its yards and admit others {c) ; but if public incon- 
venience is caused thereby a complaint will lie; and so 
where a railway company excluded one omnibus driver 
from their station-yard but admitted another, and it 
appeared that the two omnibuses ran by different routes, 
the Court granted relief, on the ground that by the exclu- 
sion of the one omnibus a certain section of the public 
were subjected to unreasonable inconvenience (d). 

If a complaint of undue preference be made by a private Pnof of 
trader or a company, it was considered, by the Commision^rs ™"*fi^' 
under the Act of 1873, necessary, in order to sustain the 
complaint, that it should be shown that the complainant 
had suffered damage from the preference complained of (^), 
although strict proof of the damage was not required 
if facts were shown to point to a reasonable inference 
of damage (/). And having regard to the judgment of 



(6) Napier v. Glasgow & flf. TT. Ry. Co., 1 N. & Mac. 292; 
Souihsea & hU of Wight Steam Ferry Co, v. L. & 8. W. By. Co., 2 
N. & Mac. 341 ; Pickford v. Cal. By. Co., 1 N. & Mao. 252. 

(c) Beadell v. Eastern Counties By. Co., 1 N. & Mac. 56; 2 0. B. 
N. 8. 509 ; Painter v. L. B. & 8. C. By. Co., 1 N. & Mac. 58 ; 2 0. 
B. N. S. 702 ; Il/racomhe Public Conveyance Co. v. L» <fe 8. W. By. 
Co., 1 N. & Mac. 61. 

{d) Marriott v. L. & 8. W. By. Co., 1 N. & Mac. 47; 1 0. B. N. S. 
499. 

(«) Skinningrove Iron Co. v. N. E. By. Co., 5 B. & Mao. 244 ; 
Londonderry Harbour Commisaicnera v. 0. N, By. Co., 5 B. & Mao. 
282. 

(/) Skinningrove Iron Co. v. N. E. By. Co., 5 B. & Mao. 259. 



58 



CARBIAGE OF MERCHANDISE BY RATLWAT. 



"Who may 
complain of 
undue pref6r< 



ence. 



Power to dock 
companies 
and harbour 
boards to 
complain of 
undae pre- 
ference. 



Decisions 
smnmarised. 



Wills, J., in a recent case (A), the same view will probably 
be entertained by the Eailway and Canal Commission 
under the Traffic Act of 1888. 

In addition to the local authorities above mentioned (t) 
who have power to prefer complaints to the Railway and 
Canal Commission, port or harbour authorities or dock 
companies are authorized by sect. 30 of the Traffic Act of 
1888 to make a complaint of imdue preference. The 
form of the section seems to show that they must prove an 
injury to their harbour or dock to support the complaint. 
It is as follows : — 

" Any port or harbour authority or dock company which 
shall have reason to believe that any railway company is 
by its rates or otherwise placing their port, harbour, or 
dock, at an undue disadvantage as compared with any 
other port, harbour, or dock to or from which traffic is or 
may be carried by means of the lines of the said railway 
company, either alone or in conjunction with those of other 
railway companies, may make complaint thereof to the 
Commissioners, who shall have the like jurisdiction to hear 
and determine the subject-matter of such complaint as 
they have to hear and determine a complaint of a contra- 
vention of section two of the Railway and Canal Traffic 
Act, 1864, as amended by subsequent Acts." 

The following is a brief summary of the cases that have 
been held to constitute a preference requiring justification 
by the railway company : — 

Lower charges for the same or similar services to one 
trader than the company are charging to others (k). 

Carrying goods of the same kind for unequal distances 
at the same gross charge (/). 



{h) Liverpool Com Traders* Aaan, v. Z. & N. W. By, Co., 7 B. & 
Mac. 125, p. 129; (1891) 1 Q. B. 120, p. 126. 

(t) See p. 9. 

{k) Act of 1888 (51 & 62 Vict. c. 25), s. 27, sub-s. 1. 

(?) Denahy Main Colliery Co, v. M. 8. & L, Ry, Co,, 3 N. & Mac. 
426, 441 ; North Lomdale Iron Co, v. Fumesa By. Co., 64 L. T. 



THB BQUALITY CLAUSE AND UNDUB PREFERRNCB. 59 

A higher charge made for a shorter than for a longer 
distance (m). 

Where the charges for the longer distance, though 
actuallj more, are not so to an amount to cover the 
cost of the extra service (n). It is, however, reason- 
able to charge a less rate per mile for a long than a 
short distance (e>), and where the greatest profit to the 
company arises from the long distance rate it seems 
that the onus of proving an undue preference is shifted 
on to those impeaching the rate (p). 

The refusal to allow a trader to use an existing private 
siding while the same facility is allowed to other 
traders (q). 

The performance of services (such as cartage) gratui- 
tously for certain traders, while the company charge 
for them when rendered to others (r). 

Allowing rebates in respect of loading, unloading, and 
haulage t6 brewers, whilst a similar allowance is not 
made to other traders, timber merchants (s). 

Allowing rebate to trader who has constructed a siding 
for his own traffic, but for which rebate the railway 
company receive no quid pro quo {t). 

N. S. 122; Skinningrovt Iron Co. v. N, E, By. Co., 6 B. & Mac. 
244. 

(m) Broughton <fe Pla$ Power Coal Co, v. G. W. By. Co,, 4 B. & 
Mac. 191. 

{n) Budd V. L. & N, W, By, Co,, 36 L. T. N. S. 802 ; 25 W. B. 
752; Liverpool Corn Asm, v. L, iSb N, W. By, Co,, (1891) 1 Q. B. 
130. 

(o) North Lonsdale Iron Co, v. Furness By, Co,, 64 L. T. N. S. 
122; Broughton A Flos Power Coal Co, v. G, W, By, Co,, 4 B. & 
Mac. 191 ; Denaby Main Colliery Co, v. M, S, & L, By, Co,, 4 B. ft 
Mac. 28. 

(jP) Banwme v. Eastern Counties By, Co,, 8 0. B. N. S. 709; 1 N. 
A Mac. 155; Bichardson v. Mid. By, Co,, 4 B. ft Mac. 1. 

{q) Beeston Brewery Co, v. Mid, By, Co,, 5 B. & Mac. 53, 60. 

(r) Ever shed v. L, & N, W, By, <Jo,, 3 App. Oas. 1029; Thompson 
v. L, & N. W, By, Co,, 2 N. & Mac. 115. 

(«) Bell V. Mid. By, Co,, 2 N. & Mac. 185. 

(t) Fickenng Phipps v. L. <fe N, W. By, Co,, 8 Times L. E. 419. 



60 CARRIAGE OF MERCHANDISE BY RAILWAY. 

Where a company charge cartage rates and refuse to 
allow a rebate to a trader who does his cartage him- 
self (^). 

DrSerent and unequal treatment of the same classes of 
traders at different towns (t/), and higher rates for 
grain to one town than another (v). 

A rebate in respect of terminal services allowed at one 
town and not allowed at another, the services not 
being performed by the company in either case (x). 

Where a company have not adhered to their published 
tariff, but made unfair variations from it in their 
. charges to different traders (y). 

Where two different articles compete with each other in 
the same market, a considerable difference in the rates 
of carriage amounts to an undue preference (2). 

Whether a company who possess land near their station 
commit an undue preference by granting a monopoly 
of it to a particular trader appears to have been 
thought doubtful (a), but it is submitted that it would 
not be an undue preference with which the Court 
could deal {b). 

A lower charge for goods consigned or to be delivered 
through the railway company's agents than for those 
consigned or to be delivered through a private 
carrier (c). 



{t) Colman v. G. E, By, Co,, 8 Eep. By. CJom. 8. 

(u) Richardson v. Mid, By, Co,, 4 B. & Mac. 1 ; Ransome v. 
Easter Counties By, Co,, 1 N. & Mac. 63; 1 C. B. N. S. 437, 

(u) Girardot, Flinn & Co. v. Mid. By, Co., 4 B. & Mac. 291 ; 
Newry Town Commissioners v. G. N, By. Co., 7 B. & Mac. 184. 

(a;) Thorpe v. Mid. By. Co., 11 Bep. By. Com. 1. 

(y) Foreman v. G. E. By. Co., 2 N. & Mac. 202. 

(z) Nitshill & LesmaJiagow Coal Co, v. Cal. By. Co., 2 N. ft Mac. 
39 ; and cf, Aberdeen Commercial Co, v. G, North of ScoUand By, 
Co., 3 N. & Mao. 205. 

(a) WetA V. L. & N. W. By. Co., L. B. 5 0. P. 622. 

\h) See Locke v. N. E. By. Co., 3 N. & Mac. 44. 

(c) F(yrd v. L, & 8, W. By. Co., 7 B. & Mac. Ill ; 63 L. T. N. S. 



THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 61 

For a company so to manipulate its rates as to give 
itself a preference as a carrier by road over private 
carriers (d). 

'By refusing to deliver goods according to instructions 
to a private carrier at the company's terminus. It 
has been decided in England and Ireland that a rail- 
way company is bound by general instructions to 
deliver goods properly consigned to a private carrier 
at its terminus {e). In Scotland, on the other hand, 
it has been held that a railway company is only 
bound to deliver specified goods to a private carrier, 
so that the instructions have to be given with or 
notified on each consignment (/). The Scotch cases 
on this point are not reconcilable with those decided 
in England and Ireland, and until the question has 
been carried higher it is presumed that the Commis- 
sion Court will be boimd by the decision of the Courts 
of the country in which they happen to be sitting {g). 

If a company require persons bringing goods to them to 
sign certain conditions, but permit their agents to 
receive goods for conveyance without requiring the 
consignors to sign the conditions {h). 

Where a company charge cartage rates and refuse to 
allow a rebate in cases where they do not perform the 
cartage (t). 

841 ; Baxendale v. North Devrn By. Co., 3 C. B. N. S. 324; 1 N. & 
Mac. 18U. 

(d) Baxendale v. O. W. By. Co. {Beading Case), 6 C. B. N. S. 336. 

(c) In re Parkiimm and Q. W. By. Co., L. E. 6 C. P. 554 ; FUh- 
houme V. O. 8. & W. By. Co. [Ireland), 2 N. & Mac. 224 ; and of. 
Ford V. L. it S. W. By. Co., 63 L. T. N. S. 841 ; 7 B. & Mac. 111. 

(/) Wannan v. Scottish Central By. Co., 1 N. & Mac. 237 ; Pick- 
ford V. Cal. By. Co., 1 N. & Mac. 252; Menzies v. Cal. By. Co., 5 
B. & Mac. 306. 

{g) See Menzies v. Cal, By. Co., vhi svpra; and Mac/arlane v. N, 
B. By. Co., 4 B. & Mac. 206. 

(A) Baxendale v. Bristol & Ex. By. Co., 1 N. & Mac. 229; 11 C. 
B. N. S 787. 

(0 Qa/rUm, v. BriOol <fe Eqi>. By. Co., 1 N. & Mao. 218; 6 0. B. N. 



62 CAREIAGB OF MERCHANDISE BV RAILWAY. 

And where a rebate is allowed by the railway company 
ofi the gross cartage rate in respect of cartage not 
''performed by the company, it nmst not be less than 
the cost of cartage (k) ; but the Court will not go into 
the cost of cartage unless a preference be shown to 
exist (/). 

The fixing an arbitrary limit to a rate either in weight 
or size of packages may, when it operates prejudi- 
cially to a certain class of traders, become an undue 
preference (w). 

Where a company possesses two or more alternative 
routes between two points, it is an undue preference 
to prefer one to the other by unduly reducing the 
rates by the one they prefer, as compared with those 
by the other or others (n). 

— ^by making a great difference in the accommodation 
by the different routes (o). 

— by subjecting the traffic on any routes it does not 
prefer to disadvantage and delay {p). 

But if the company are carrying traffic by the most 
convenient of two routes, and a change of route would 
have no effect on the rate, they will not be compelled 
to carry by an alternative, and less convenient route (^). 

S. 639 ; Baxendale v. G. W. Ry. Co,, 14 0. B. N. S. 1 ; Colman v. 
G. E, Ry, Co,, 8 Eep. Ey. Com. 8. 

(Aj) Ooddard v. L. cfc 5. W. Ry. Co,, 1 N. & Mac. 308 ; Memies v. 
Cal. Ry, Co,, 5 B. & Mac. 306. 

(1) Robertson v. O, 8, dh W, Ry, Co., 2 N. & Mac. 374; Robertson 
V. M. G. W, Ry, Co,, 2 N. & Mac. 409. 

(m) Woodyer v. G, E, Ry, Co,, 2 N, & Mao. 102 ; Richardson v. 
Mid, Ry, Co,, 4 B. & Mac. 1. 

(n) City of Dublin Steam Packet Co, v. L, & N. W. Ry. Co., 4 B. 
& Mac. 10; Ayr Harbour Trustees v. Glasgow & 8. W. Ry. Co,, 4 B. 
&Mac. 90. 

(o) Ayrshire <fe Wigtonshire Ry. Co, v. Glasgow <fe 8. W. Ry. Co., 
14 Eep. Ey. CJom. 29. 

(2>) Londonderry Harbour Commissioners v. G. N. Ry. Co., 5 B. & 
Mac. 282. 

{q) Donald v. N. E. Ry, Co., 6 B. & Mac. 53. 



( 63 ) 



CHAPTER V. 

THROUGH RATES AND THROUGH ROUTES. 

The third part of the 2nd seotlon of the Traffic Act of 
1864 provides : — " And every railway company and canal 
company and railway and canal company having or 
working railways or canals which form part of a continuous 
line of railway or canal or railway and canal communica* 
tion, or which have the terminus, station, or wharf of the 
one near (a) the terminus, station, or wharf of the other, 
shall afford all due and reasonable facilities for receiving 
and forwarding all the traffic arriving by one of such 
railways or canals by the other without any unreasonable 
delay, and without any such preference or advantage, or 
prejudice or disadvantage as aforesaid, and so that no 
obstruction may be offered to the public desirous of using 
such railways or canals, or railways and canals as a con- 
tinuous line of communication, and so that all reasonable 
accommodation may, by means of the railways and canals 
of the several companies, be at all times afforded to the 
public in that behalf." 

The Act of 1873, by a section (J) now repealed, gave the 
Eailway Commissioners power to sanction a through rate 
upon the application of any railway company party to the 
same. This power has now been extended and the power 
of proposing a through rate or through route has now 
been conferred on any person interested in the traffic in 
respect of which it is proposed as well as on the railway 
companies. Sect. 25 of the Act of 1888, after reciting the 



(a) /. e.y not more than one mile apart : 17 & 18 Yict. c. 31, s. 1. 
{h) 36 & 37 Yict. 0. 46, s. 12, repealed 51 & 52 Yict. c. 25, s. 59. 



04 CARRIAGE OF MERCHANDISE BT RAILWAY. 

2nd section of the Act of 1854 and that it was desirable 
to explain and amend the same, proceeds aa follows : — 
61 & 62 Viot. ^^ Subject as hereinafter mentioned, the said facilities to 
°' ' ** * be so afforded are hereby declared to and shall include the 
due and reasonable receiving, forwarding, and deHvering 
by every railway company and canal company and rail- 
way and canal conipany, at the request of any other such 
company, of through traffic to and from the railway or 
canal of any other such company at through rates, tolls, 
or fares (in this Act referred to as through rates) ; and 
also the due and reasonable receiving, forwarding, and 
delivering by every railway company and canal company 
and railway and canal company, at the request of any 
person interested in through traffic, of such traffic at 
through rates : Provided that no application shall be 
made to the Commissioners by such person until he has 
made a complaint to the Board of Trade under the pro- 
visions of this Act as to complaints to the Board of Trade 
of unreasonable charges, and the Board of Trade have 
heard the complaint in the manner herein provided. 
" Provided as follows : — 

" (1.) The company or person requiring the traffic to be 
forwarded shall give written notice of the proposed 
through rate to each forwarding company, stating 
both its amount and the route by which the traffic 
is proposed to be forwarded ; and when a company 
gives such notice it shall also state the apportion- 
ment of the through rate. The proposed through 
rate may be per truck or per ton : 
" (2.) Eeush forwarding company shall, within ten days, 
or such longer period as the Commissioners may 
from time to time by general order prescribe, after 
the receipt of such notice, by written notice inform 
the company or persons requiring the traffic to be 
forwarded, whether they agree to the rate and 
route ; and if they object to either, the grounds of 
the objection : 



ti 



THROUGH RATES AND THROUGH ROUTES. i)5 

" (3.) If at the expiration of the prescribed period no 
such objection has been sent by any forwarding oom- 
pany, the rate shall come into operation at such 
expiration : 

** (4.) If an objection to the rate or route has been sent 
within the prescribed period, the matter shall be 
referred to the Commissioners for their decision : 

" (5.) If an objection be made to the granting of the 
rate or to the route, the Commissioners shall con- 
sider whether the granting of a rate is a due and 
reasonable facility in the interest of the public^ 
and whether, having regsurd to the circumstances, 
the route proposed is a reasonable route, and shall 
allow or refuse the rate accordingly, or fix such 
other rate as may seem to the Commissioners just 
and reasonable : 
(6.) Where, upon the application of a person requiring 
traffic to be forwarded, a through rate is agreed to 
by the forwarding companies, or is made by order 
of the Commissioners, the apportionment of such 
through rate, if not agreed upon between the 
forwarding companies, shall be determined by the 
Commissioners : 
(7.) If the objection be only to the apportionment of 
the rate, the rate shall come into operation at the 
expiration of the prescribed period, but the decision 
of the Commissioners as to its apportionment shall 
be retrospective ; in any other case the operation of 
the rate shall be suspended until the decision is 
given : 

" (8.) The Commissioners, in apportioning the through 
rate, shall take into consideration all the circum- 
stances of the case, including any special expense 
incurred in respect of the construction, maintenance, 
or working of the route, or any part of the route, 
as well as any special charges which any company 
may have been entitled to make in respect thereof. 

D. F 



« 



66 CARRIAGE OF MERCHANDISE BT RAILWAY. 

^' (9.) It shall not be lawful for the Commissioners in 
any case to compel any company to accept lower 
mileage rates than the mileage rates which such 
company may for the time being legally be charging 
for like traffic carried by a like mode of transit on 
any other line of communication between the same 
points of departure and arrival of the through 
route. 
" Where a railway company or canal company use, main- 
tain, or work, or are party to an arrangement for using, 
maintaining; or working steam vessels for the purpose of 
carrying on a communication between any towns or ports, 
the provisions of this section shall extend to such steam 
vessels and to the traffic carried thereby. 

" When any company, upon written notice being given as 
aforesaid, refuses or neglects without reason to agree to the 
proposed through rates, or to the route, or to the appor- 
tionment, the Commissioners, if an order is made by them 
upon an application for through rates, may order the 
respondent company or companies to pay such costs to the 
applicants as they think fit." 

Sect 26 of the same Act provides : — 
^^ Subject to the provisions in the last preceding section 
contained, the Commissioners shall have full power to 
decide that any proposed through rate is just and reason- 
able, notwithstanding that a less amount may be allotted 
to any forwarding company out of such through rate than 
the maximum rate such company is entitled to charge, and 
to allow and apportion such through rate accordingly." 
Podtion of Under the Act of 1854 a trader had a right to select 

trader. what company he pleased to deliver his traffic to, and to 

require, without any second booking or second payment, 
that the traffic should be delivered at the station to which 
he desired that it should be sent, provided that he tendered 
his traffic to the company at a station where there were 
proper facilities for receiving it, that he named as the 
delivery station a station where there were proper 



THROtTOH RATES AND THROUGH ROUTES. 67 

facilities for delivering it, and that there was a continuous 
route (no matter through how many companies' hands the 
traffic had to pass) connecting the two stations. But 
under that Act the sum which the trader would have had 
to pay for the transit of his traffic would have been ascer- 
tained by adding together the local rates of the yarious 
companies over whose line it passed (6). 

This facility was entirely independent of the reasonable- 
ness of the route or the rate : the trader had the absolute 
right to require any number of companies in Great 
Britain to combine to form a continuous route by which 
his traffic might be sent at a single booking and a single 
payment (c). 

Under the Traffic Act of 1888 (rf), the trader has been Effect of Act 
given the additional facility of through rates, i.e., rates for °* ^^^^' 
the carriage of through traffic estimated in a somewhat 
different manner, usually more favourable to the trader. 
It is important, therefore, to consider (i) who may apply 
for a through rate ; (ii) the conditions on which a through 
late will be granted; (iii) how it is to be apportioned 
between the companies interested in it; and (iv) the 
extension of the jurisdiction to traffic by sea. 

(i.) The Proposal of a Through JRate. 

The facilities given by the Act of 1854 are to include 
the receiving, forwarding, and delivering by every railway 
company and canal company, at the request of any other 
such company, of through traffic at through rates (e). 



(b) G. W. By. Co, v. Severn <fe Wye By. Co., 6 B. & Mac. 170, 
188. 

(c) lUd. 

{d) Sects. 25 and 26, above mentioned. These sections are a re- 
enactment and extension of sects. 11 and 12 of the Act of 1873, 
wbicli only permitted a railway comx>any party to the through rate 
to apply. 

(e) Act of 1888, s. 25. 

p2 



G8 CARRIAGE OP MERCHANDISE BY RAILWAY. 

Railway Perhaps the strongest case in favour of a through rate is 

companies. jj^q^^q when the company which has collected the traffic 
applies for it, that is to say, the receiving company (/). 
The terminal or delivering company may of course also 
apply, hut companies whose lines are situate at the end of 
the proposed route are not the only companies who may 
apply, but a company owning an intermediate portion of 
the route may also apply for through rates (g). 

Moreover, a railway company whose line is worked by 
another company, though it possess no rolling stock of its 
own, may also apply {h) ; and the fact that a company's 
interest in obtaining the through rate is comparatively 
small, is no impediment to its proposing a through rat.e(t). 
Where, however, a railway company has altogether given 
over to another company the power of fixing its own rates, 
it will not be allowed to propose a through rate itself {k), 
until the company to whom it has given the power of 
fixing its rates has refused or neglected to propose a 
through rate (/). 

Where a railway company desire to propose a through 
rate, it may do so by giving a written notice to each for- 
warding company specifying the rate proposed, the route 
to be adopted, and the manner in which it is proposed 
that the rate should be apportioned between the various 
forwarding companies, and it would also be well to 



(/) G. W. Ry. Co. V. Severn & Wye By. Co., 5 B. & Mac. 182. 

{g) Central Wales <fc Carmarthen Junction By. Co. y. Q. W. By. 
Co., 4 B. & Mac. 110; 10 Q. B. D. 231 ; Greenock iSb Wemyss Bay By. 
Co. V. Caledonian By. Co., 3 N. & Mac. 146 ; 6 Ct. Sees. Cas., 4tii 
series, 1000. 

{h) G. W. By. Co. v. Central Walea By. Co., 10 Q. B. D. 231 ; 4 
B. & Mac. 110; Greenock & Wemysa Bay By. Co. y. Caledonian By. 
Co., 6 Ct. Sees. Cas. 4tli series, 1000 ; 3 N. & Mac. 145. 

(») Severn & Wye By. Co. v. G. W. By. Co., 5 B. & Mac. 156. 

(A;) Central Wales, &c. Co. y. G. W. By. Co., 2 N. & Mac. 191. 

(0 CenJl/ral Wales, dhc. Co. v. L. & N. W. By. Co., 4 B. & Mac. 
101. 



THROUGH RATES AND THROUGH ROUTES. 69 

state the class of traffic in respect of which the rate is 
proposed. 

The facility of a through rate is also to be given '^ at Traders, 
the request of any person interested in through traffic," 
hut, before applying to the Railway and Canal Commis- 
sion for a through rate, such person must previously have 
made a complaint to the Board of Trade, under sect. 31 of 
the Act of 1888 {m), that the railway company is subject- 
ing him to an unfair or unreasonable rate of charge, or in 
some other respect treating him in an imreasonable or 
oppressive manner. It is to be observed that the person 
who is allowed to make a oomplaint to the Board of Trade 
tmder sect. 31 is to be a person ^* receiving, sending, or 
desiring to send goods by railway." It would seem, 
therefore, that the wide expression "person interested "(n) 
in through traffic, is to some extent cut down by this 
section, and that, in order to be able to propose a through 
rate, a trader must be interested in through traffic in the 
sense of receiving, sending, or desiring to send traffic at 
through rates. 

The question arises whether one of the local authorities Local aa- 
who are given power to make a complaint to the Railway °"*^' 
and Canal Commission (o), have power to propose a through 
rate under sect. 25. These authorities are specially given 
power under sect. 31 to complain to the Board of Trade in 
any case in which they or any traders in their district are 
being charged unfair or unreasonable rates, but they are 
not expressly referred to in sect. 25. The question has 
not been determined, and until then must remain doubt- 
ful ; but under the Act of 1873 it was held that a harbour 
board could not apply (p). Probably, however, if the local 

(m) See p. 64. 

(n) See the interpretatioii put upon these words in sect. 14 of the 
Act of 1873, p. 87. 

(o) Act of 1888 (61 & 62 Vict. c. 25), s. 7. 

(p) See Ayr Harbour Trtutees v. Glaagow <fc S. PT. By, Co,^ 4 B. 
& Mac. 81. 



70 



Course to be 
pursued by- 
trader. 



CARRIAGE OF MERCHANDISE BY RAILWAY. 

authority was in the habit of consigning or receiving 
through traffic itself, it would come within the meaning of 
the expression " person interested." 

The course which a trader desiring a through rate should 
adopt, therefore, is as follows : — He should first apply to 
the railway company to whom he delivers his traffic, and 
if the through rate be refused him, or if it be fixed unduly 
high, he should then complain to the Board of Trade under 
sect. 31 of the Act of 1888. If this should fail, or if the 
Board of Trade are unable to induce the railway company 
to accept a reasonable through rate, the trader may then 
himself propose what he considers a reasonable through 
rate by giving a written notice to each forwarding com- 
pany, stating the amount of the rate, and the route 
proposed, and also, probably, the class of traffic in respect 
of which the rate is proposed. 



(1) Amount 
of rate. 



(ii.) The Conditions on which a Through Bate will be granted. 

In order that a proposed through rate may be granted, 
it must be shown to be a due and reasonable facility, and 
in determining whether it is so or not there are four 
points to be considered : (1) the amount of the proposed 
rate ; (2) the route ; (3) agreements between companies ; 
(4) whether it is a facility which ought to be granted in 
the interests of the public consistently with a due regard 
for the interests of the companies. 

On the proposal of a through rate, if an objection to the 
rate or route has been sent within the prescribed period 
(ten days), the matter is to be referred to the Commissioners 
for their decision (q). 

The RaQway and Canal Commission have power to 
sanction a through rate, notwithstanding that a less amount 
may be allotted to any forwarding company, out of such 



{q) Act of 1888 (51 & 52 Vict. c. 25), s. 25, efub-s. 4. 



THROUGH RATES AND THROUGH ROUTES. 71 

through rate, than the maximum rate suoh oompanj is 
entitled to oharge " (r) ; hut thej cannot compel any 
company to accept lower mileage rates than the mileage 
rates which such company may for the time being legally 
be charging for like traffic carried by a like mode of 
transit on any other line of communication between the 
same points, being the points of departure and arrival of 
the through route («). This alternate line of communi- 
cation may be an independent one (t) ; but the mileage 
rates by it which are made the criterion of the rates the 
company can be compelled to accept must be mileage rates 
for a line haying the same termini as the through route, 
and must be charged in respect of traffic travelling over 
it for its whole length, the words '^between the same 
points " referring as much to the traffic carried as to the 
line of communication (u). 

There is no primd facie case for specially low charges, Onus on 
but the onus is upon the applicant for compulsory rates to •PP^°*°*- 
justify a requirement that a company affected should carry 
for less than it would otherwise receive (r). 

In a case under the Act of 1873, however, where a OompetitiTe 
through rate had been reduced by competition, the Com- '**®' 
missioners refused to allow the rate to be increased on the 
removal of the competition without some reason being 
shown by the railway company for doing so (x), 

A through toll may be granted without annexing to it Through rate 
a through rate, or vice versd (y) ; and a rate may be granted *°^ 



(r) Ihid. 8. 26. 

(«) Ihid, B. 25, 8ub-s. 9. 

{t) Warwick A Birmingham Canal Navigation Co, v. Birmingham 
Canal Co,, 3 N. & Mac. 113. 

(tt) Ihid, 

(v) Belfast Central By, Co. v. G, N, By, Co., 4 B. & Mac, 169. 

(flc) G. N, Ir. By, Co. v. Belfast Central By, Co,, 3 N. & Mac. 
411. 

(y) Wanvick & Birmingham Canal Co, v. Birmingham Canal Co., 
3 N. & Mac. 113. 



72 CARRIAGE OF MERCHANDISE BT RAILWAY. 

for traffic in owners' wagons, though there is already a 
through rate for traffic in company's wagons (z). 

I*owerto alter Formerly, when a through rate was proposed, the Com- 
' missioners might allow or reject it, but had no power to 
order any through rate of a different amount (a). The 
Act of 1888, however, has given them express power to 
allow or refuse the proposed rate, or fix such other rate as 
may seem to them just and reasonable {b). 

(2) Bonte. The second condition of a compulsory through rate is 

that the route to which it is applicable must be reason- 
able (c). At the same time, a route, to be a reasonable 
route, need not be the best route ; it will be considered a 
reasonable route if it is as good as any other route ; and 
if, although there may be quicker and cheaper routes, it is 
capable of maintaining competition with them, and efficient 
enough to be likely to be preferred for some portion of the 
traffic (d). And a route is not necessarily unreasonable 
because only a small quantity of traffic would be likely to 
pass along it, if the through rate would assist the develop- 
ment of the traffic, and enable the route to compete with 
other lines (e). 

The method in which the traffic is likely to be worked 
has also an important bearing on the reasonableness of a 
proposed through route. But a route which would be 
reasonable if worked by one company, does not become 
unreasonable merely because it would be worked by two or 
more companies (/). Nor is it a fatal objection to a pro* 



(«) Newry df Armagh By. Co. v. G. N, Ir. By, Co., 3 N. & Mao. 28. 

(a) Belfast Central By. Co. v. G. N. Ir. By. Co. (No. 3), 4 B. & 
Mao. 159. 

{h) Sect. 25, Bub-8. 5. 

(c) Act of 1888 (51 & 52 Vict. o. 25), s. 25, sub-s. 5. 

{d) G. W. By. Co y. Severn & Wye By. Co., 5 B. & Mac. 170. 

(e) Central Wales, &c. By. Co. y. L. db N. W. By, Co. and G. W. 
By. Co., 4B. &Mac. 211. 

(/) Swindon A Marlborough By, Co. v. G. W. By. Co., 4 B. & 
Mac. 349. 



THROUGH RATES AND THROUGH ROUTES. 73 

posed route that, though shorter than a competitve route, 
traffic proceeding by it would have to be set down at a 
junction on the proposed route, to wait and be picked up 
by a train that had started from the point of departure 
and proceeded to the junction by the more circuitous 
competitive route (g). 

At the same time, traffic will not be forced upon a 
company which they have to carry at a disadvantage, as 
where the company conveying the traffic in respect of 
which the rate was proposed would have to carry it over a 
considerable portion of the line of another company, over 
which they had running powers, subject to the terms of 
paying all receipts, except a margin for working expenses, 
to the company owning and working the line, and who 
were well able to accommodate the traffic {h). But where 
the proposed route is shorter than one already exiBting, 
although it is in accordance with railway practice to hand 
over traffic to the company that is to deliver it at the 
nearest convenient station, the route will not be held 
unreasonable merely because by it the traffic will be 
handed to the deUvering company shortly before its arrival 
at its destination (f). The fact that the railway forming 
the proposed route has been constructed for other purposes 
than through traffic will not prevent a through rate being 
granted (A-). 

It seems that although a through rate may be otherwise (3) Agree- 
unobjectionable, the existence of agreements between rail- "*«»*•• 
way companies, into which they have been authorised to enter y 
may prevent a through rate being granted. This refers 
only (a) to so-called statutory agreements, and (b) to 
agreements which have been confirmed by the Board of 

(g) Central Wdtei, Ac, By. Co. v. L. <fe N. W. Ry. Co., and G. W. 
By. Co., 4 B. & Mac. 211. 

(A) Severn & Wye By. Co. v. G. W. By. Co., 6 B. & Mac. 166 ; and 
see Donald v. N. E, By. Co., 6 B. & Mac. 63. 

(i) Caledonian By. Co. v. North British By. Co., 3 N. & Mac. 403. 

(*) rbid. 



74 CABRIAGE OF MEKCHANDI8B BY RAILWAY. 

Trade or by the Eailwaj and Canal Commission under 
sect. 10 of the Act of 1873; for it is expressly enacted that 
nothing in any agreement which does not come under one 
of these two heads is to prevent the Commissioners from 
making or enforcing any order with respect to facilities (/) ; 
nor, apparently, does this apply to canals (m). 

So where companies have entered into agreements which 
are within their power to make, the Commissioners have 
no power (nor would they exercise it if they possessed it) 
to interfere with any rights acquired under such agree- 
ments (n). And companies acting within such agreements 
will not be deemed to have contravened the Traffic Acts 
though they send traffic by the more circuitous of two 
routes (o). 
Agroementi Such agreements, however, when they limit competition, 
struedstrictlj. ^^^ ^ strictly construed (jc), and the existence of an 
agreement between two companies will not prevent a 
through rate being granted over the line of one of them at 
the instance of a third company (q). 

On a similar principle to that above mentioned with 
regard to agreements, through rates will not be granted if 
they interfere with statutory rights ; and so where a canal 
company was restrained by statute from altering its rates 
without the consent of a railway company, it was held that 
there was no power to grant a through rate by the canal 
without the railway company's consent (r). 



(Q Act of 1888 (51 & 52 Vict, a 25), s. 11. 

(m) Ihid. 8. 37. 

(n) Met. But. By. Co. v. Met. By. Co., 5 B. & Mac. 126 ; North 
Monkland By. Co. v. North Brvtish By. Co., 3 N. & Mac. 282. 

(o) Central Wales, dfc By. Co. v. L. Sa N. W. By. Co., 4 B. & 
Mac. 101. 

(jp) Midi. By. Co. v. Q. W. By. Co., 2 N. & Mao. 88. 

Iq) Central Wales, dfc. By. Co. v. O. W. By. Co., 4 B. & Mao. 110. 

(r) Wanvick & Birmingham Canal Co. v. Birmingham Canal Co., 
5 Ex. D. 1 ; 3 N. & Mac. 324. 



THROUGH BATES AND THBOUGH BOUTES. 76 

(iii.) Apportionment of Through Rate. 

Where a through rate proposed by a trader is agreed to 
by the forwarding companies, but the apportionment of it 
is disputed («), or if the objection be only to the apportion- 
ment (^), the rate comes into force, and the Railway and 
Canal Commission have to decide the apportionment, which 
is retrospective. 

The statute enacts that in apportioning the through rate 
the Court is to consider ^^ all the circumstances of the case, 
including any special expense incurred in the construction, 
maintenance or working of the route or any part of the 
route, as well as any special charges which any company 
may have been entitled to make in respect thereof " (t^) ; 
and it must also be remembered that a company cannot be 
compelled to accept lower mileage rates than it is charging 
by another route between the same points (r). Where 
two routes exist, however, by one of which a company 
carries a long and by the other a short distance, the 
company cannot expect to receive the same gro%% amount 
as its proportion in respect of the short distance as it 
receives out of the rate for the route on which it carries 
the longer distance (x). 

The general rule for apportioning a through rate is to General rule, 
make to each of the companies owning the stations at 
either end of the route an allowance for terminals, and to 
divide the remaiuder among the companies parties to the 
route according to mileage (y). Short distance clauses, 
however, may be taken into consideration where the 

(«} Act of 1888 (51 & 62 Yict. c. 25), s. 25, sub-s. 6. 

(<) Ibid. Bub-s. 7. 

(tt) Ibid, sub-s. 8. 

(v) Ibid, sub-s. 9. 

\x) East <fc West Junction Ry. Co. v. G. W. By. Co., 2 N. & Mac. 
147. 

(y) Torbay & Brixham By. Co. y. 8. Devon By. Co., 2 N. & Mac. 
391 ; Severn A Wye By. Co. y. G. W. By. Co., 5 B. & Mac. 156. 



76 CARRIAGE OF MERCHANDISE BY RAILWAY. 

mileage of any one company is within them (s). And if 
no station exists at the point of junction of two lines where 
traffic can be transferred, the company may carry the 
traffic to the nearest station for the purpose of transfer- 
ence, and add the double distance thus run over to its 
mileage {a). 

Whether the allowance for terminals is to be the same 

as that charged to the public, or whether some allowance 

is to be made when no terminals are charged to the public, 

would seem to depend on the circumstances of the case (b). 

Special cir- Where special circumstances exist to induce the Court 

OUlTlfif«fl.Tl AAA 

to give a railway company a larger proportion out of the 
through rate than it would take under the above general 
rule, the Court may either apportion to the company a 
fixed amount out of the gross rate {c), or allow it to add 
some number of miles to its actual mileage (d). 

(iv.) Traffic by Sea. 
Through rates Through rates for traffic are not confined to traffic by 

by steamahip. , , « , ., , 

land, tor where a railway company or canal company use, 
maintain, or work, or are party to an arrangement for 
using, maintaining, or working steam vessels for the 
purpose of carrying on a communication between any 
towns or ports, the provisions of the Act as to through 
rates are to apply to such steam vessels and to the traffic 
carried thereby (e). This is a re-enactment of the same 
clause which was contained in sect. 12 of the Act of 

(z) TaUy-Llyn Ry. Co, v. Cambrian By. Co., 5 B. & Mac. 122. 

(a) Central Wales By, Co. v. L. <Sk N, W. By. Co., 4 B. & Mao. 
101 ; Salisbury & Dorset By. Co. v. L. & S. W. By. Co., 3 N. & Mac. 
314 ; Buckfastleigh By. Co. v. S. Devon By. Co., 1 N. & Mao. 321. 

(6) Longton, Adderley Oreen <fc BuckneU By. Co. v. N. Stafford. 
By. Co., 8th Rep. By. Commrs. 41 ; Lloyd v. Northampton & Ban- 
bury By. Co., 3 N. & Mac. 259. 

(c) Warwick <fe Birmingham Canal Co. v. Birmingham Canal Co., 
3N. &Mac. 113. 

{d) Solway Junction By. Co. v. MaryportBy. Co., 3 N. & Mac. 264. 

(e) Act of 1888 (51 & 62 Vict. c. 26), s. 26. 



THROUGH RATES AND THROUGH ROUTES. 77 

1873 (/), and under that clause the following questions 
have been decided : — 

In order to constitute an arrangement for using, main- The *<ar- 
taining, or working steam vessels, there must be an agree- '*"»®°*®"^*- 
ment of some sort which is binding on both the steamship 
owners and the railway or canal company {g)y and it must 
be definite; and if so loosely drawn that it is uncertain 
whether it be binding or not, the agreement will give no 
rights under this section (A). If, however, there be a sub- 
stantial agreement, it is not material that one of the 
parties to it is disputing its terms (i). Moreover, the 
agreement may be a temporary one, but in that case the 
through rates can only be granted so as to be in force 
during the continuance of the agreement (A:). An arrange- 
ment for the through booking of traffic, however, is not an 
agreement under which the railway company can be said 
to " use " the steam vessels (/). 

The clause takes effect whenever there is an arrange- Who may 
ment with the steamship proprietors for the conveyance of ^^^^^' 
traffic to or from any port or town with which there is 
railway communication, provided the railway company, 
party to the arrangement, owns, works, or is otherwise 
immediately interested in some portion or other of the 
line of railway communication. In such cases the steam 
vessels become, for the purposes of "through rate" faci- 
lities, or the like, a railway, and their owners a railway 
company ; and the sea route and railway route together 

(/) 36 & 37 Vict. c. 48. 

(g) Ayr Harbour Trustees v. Glasgow df 8. W. By, Co,, 4 B. & 
Mac. 81. 

(A) Caledonian By, Co, v. Oreenock cfc Wemyss Bay By. Co,, 4 B. & 
Mac. 70. 

(0 Ibid, 

{k) Belfast Central By. Co, v. G, N. Ir. By. Co. (No. 4), 4 B. & 
Mac. 379. 

(/) Ayr Harbour Trustees v. Glasgow cfe 8, W, By. Co,, 4 B. & 
Mac. 81 ; and of. Newry Nav, Co. v. G. N. By, Co,, 7 B. & Mao. 
176. 



78 CARRIAGE OF MERCHANDISE BT RAILWAY. 

fonn one oontinuous line; but, as regards the land portion, 
the particnlar railway at the port of shipment is in no 
exceptional position, and may be unaffected by the agree- 
ment, unless and until through rates are imposed upon it, 
in conjunction with other companies, by an order made by 
the Ecdlway Commissioners under their Acts (m). 

From the case last referred to, it would secim that where 
a binding agreement exists between a railway company and 
a steamship company, either the steamship company, party 
to the agreement, or the railway company, or any other 
railway company on the through route, may apply for a 
through rate. And, of course, a trader might also do so if 
" interested in the through traffic," provided he has taken 
the preliminary steps required of him by the Act (n). 
But it seems that a rival steamship company, who are not 
parties to a through traffic arrangement with a railway 
company, have no locus standi to apply for a through rate 
on the ground of the existence of a through traffic arrange- 
ment between another steamship company and a railway 
company (o). 

(m) Caledonian By, Co. v. Oreenock & Wemyss Bay By, Co,, 4 B. 
& Mac. 135. 

(n) See p. 64. 

(o) Southsea & Isle of Wight Steam Ferry Co. v. X. & 8. W. By. 
Co, J 2 N. & Mac. 341 ; and of. Napier v. Olaagow & 8. W, By, Co,, 
1 N. & Mac. 292. 



( 79 ) 



CHAPTEE VI. 

BATES AND CHARGES AND THE DIVISION OF BATES. 

The Bailway and Canal Commission have been given 
express jurisdiction over tolls, rates, and charges. 

Sect. 10 of the Act of 1888 provides, " Where any ques- Juriadiction 
tion or dispute arises, involving the legality of any toll, ^Yratoe. 
rate, or charge, or portion of a toll, rate, or charge, charged 
or sought to be charged for merchandize traffic by a com- 
pany to which this part of this Act applies, the Commis- 
sioners shall have jurisdiction to hear and determine the . 
same, and to enforce payment of such toll, rate, or charge, 
or so much thereof as the Commissioners decide to be 
legal/' 

In the Bailways Clauses Act of 1845 the word ''toll" is Distmotion 
defined to include any rate or charge, or other payment rates^Mid^ 
payable under the special Act for any passenger, animal, ohargw. 
carriage, goods, merchandize, articles, matters, or other P) ^**^ 
things conveyed on the railway. This wide meaning is 
not, however, the ordinary meaning attached to the word 
" toll," and even in that Act, as in sects. 93, 94, 95, and 
97, the word has been cut down to a much narrower 
meaning. (See pp. 84 and 97.) 

The Act of 1845 treated the railway as a highway 
which, upon payment of the authorized tolls, any person 
was to be entitled to use with his or their own engines, 
carriages, or trucks, subject only to proper regulations as 
to times of departure, airival, speed, and the like to be 
made by the company {a). When this course is adopted 

(a) EM V. L. B. <£: 8. C. By. Co., 16 Q. B. D. 636; 6 B. & 
Mac 28. 



80 CARRIAGE OF MERCHANDISE JiT RAILWAY. 

the payment for the use of the railway only was a toll 
strictly so called. The tolls in this sense which a railway 
company may charge are fixed by the special Acts of the 
various companies, and are usually fixed at so much per 
mile. These tolls have not been affected by the provisional 
orders of the Board of Trade, which refer only to rates 
and charges, 
(ii) Rates and The Act of 1845, however, by sect. 86, also permitted 
^^' the railway companies " to use and employ locomotive 

engines or other moving power and carriages and waggons 
to be drawn or propelled thereby, and to carry and convey 
upon the railway all such passengers and goods as may be 
offered them for that purpose, and to make such reasonable 
charges in respect thereof as they may from time to time 
determine upon, not exceeding the tolls by the special Act 
authorized to be taken by them." The word tolls in this 
section is used in the more extended sense of the definition 
clause, not as a toll for the use of the highway, but 
remuneration receivable by the company for the carriage 
of the goods ; and the tolls by the special Act authorized 
to be taken are now superseded by the maximum rates and 
charges authorized by the provisional order applicable to 
the railway. 

These rates and charges now authorized consist for 
ordinary merchandise traffic of a mileage or conveyance 
rate, a charge for station terminals, where a station is used 
by the traffic, and a charge for service terminals, that is, 
loading, unloading, covering, and uncovering. A maximum 
amount is specified under each of these heads beyond 
which the company may not charge. There are also 
certain other services, such as collection and delivery and 
other matters in respect of which the company may make 
an additional charge when rendered to a trader at his 
request or for his convenience ; but to ascertain the maxi- 
mum amount any company may charge, reference must be 
made to the provisional order applicable to that company. 

When railway companies carry in this maimer under 



BATES AND CHABOSS AND THE DIVISION OF BATES. 81 

sect. 86 of the Bailways dauses Act, they are oommon 
oairiers, and are liable as insurers for the safety of the 
goods they oany, except where specially exempted from 
that liability by statute (J). They ore, however, only 
bound to oarry as oommon carriers goods which they 
profess to carry as such. 

There is therefore a third method in which the railway (iii) GaniciB 
may be used. Since the passing of the Traffic Act of 1854 omitoft^ 
railway companies are bound to afford reasonable facilities 
for traffic, and cannot, it seems, refuse to carry traffic 
except upon terms which are unreasonable. They are not, 
however, necessarily common carriers of such traffic. They 
may refuse to take the risks of common carriers and may 
carry under special contract (c). Under sect. 105 of the 
Eailways Clauses Act, 1845, a railway company cannot be 
required to cany aquafortis, oil of vitriol, gunpowder, 
lucifer-matches, or any other goods which, in the judg- 
ment of the company, may be of a dangerous nature. 
But all other goods which they do not profess to carry as 
common carriers they may cany under special contract, 
that^is, not as insurers. Such a special contract, however, 
must be just and reasonable in its terms and signed by 
the consignors of the traffic {d). 

Whether the rates and charges which the railway com- Ratee where 
pany may exact under such special contracts can exceed ^^^11^/. 
the TmLYimnnn rates they are authorized to charge in ^^>^^- 
respect of such traffic is perhaps not altogether free from 
doubt. It has been decided in two cases that such rates 
and charges must be within the maximum (e), and probably 
in ordinary cases that is so. It is submitted, however. 



(5) See as to oommon carrierB, p. 101, and exemption from 
liability, p. 118. 

(c) Dickson v. Q. N. By. Co., 18 a B. Div. 176, p. 184. 

{d) See as to this, p. 132. 

(«) Aberdeen Commercial Co, v. Great North of Scotland By, Co., 
6 Ot. Sees. Cas. 4th series, ; 3 N. & Mao. 205 ; ChaUerly Iron Co. 
V. N. Staffordshire By. Co., 3 N. & Mac. 238. 

D. O 



82 



CARRIAGE OF MERCHANDISE BY RAILWAY. 



that as regards animals mentioned in sect. 7 of the Act of 
1854, and goods mentioned in the Carriers Act, of which 
the value exceeds that stated in those Acts, though the com- 
pany should not exceed their maximum where they decline 
to take the risk of insurance, yet where they insure they 
may charge, in addition to their authorized maximum, a 
reasonable sum for insurance (/). 

Bouto. A company is not bound to carry by the shortest route. 

And if at the junction of two lines there are no facilities 
for dealing with goods traffic, and the usual course is to 
carry the goods to a large goods station near the junction 
and back for the purpose of transference, they may charge 
the mileage rate for the distance actually carried (g). But 
if a company possess two or more routes they must not 
favour one more than another ; and if a trader choose to 
consign his traffic by a particular route it must not be 
subjected on that account to disadvantage or delay (A). 
And if a trader consider that his traffic is not being fairly 
treated by the route adopted by the railway, he is at 
liberty to take the necessary steps for obtaining a through 
rate (i). 

Special Although a company are not entitled to charge anything 

over and above the sums authorized for the carriage of 
goods, yet they may, by previous agreement, make charges 
for some services, conveniences, and facilities afforded by 
them beyond the mere carriage of goods (k). The doctrine 
of ultra vires must not be pushed too far, and if the 
company allow the public to make use of conveniences in 
and about their stations, though not strictly connected 

(/) Of. Dickson v. 0. N, Ry. Co., 18 Q. B. Div. 176. 

\g) Myers v. Z. & S. W. Ry, Co,, L. E. 6 0. P. 1 ; Central Wales 
Ry, Co, V. L, & N, W, Ry, Co,, 4 B. & Mac. 101 ; Salisbury & Dorset 
Ry, Co, V. L, & S, W. Ry, Co,, 3 N. & Mac. 314. 

(h) Londonderry Harbour Commissioners v. G, N, Ry, Co., 5 B. & 
Mac. 282 ; the alternate route must be a reasonable route : Donald 
V. N. E. Ry, Co., 6 B. &. Mac. 53. 

(i) See p. 69. 

{k) Pegler v. Monmouthshire Ry, and Canal Co,, 30 L. J. Ex. 249. 



servioeB* 



RATIOS AND CHAROBS AND THE DIVISION OF RATES. 83 

-with the business of a railway oompanj, they will be 
allowed to make a reasonable charge for them (/). 

Thus, where a railway company possessing a weighing 
machine at one of their stations had put up a notice that 
1^. per ton would be charged to the public for the use of 
the weighing machine, they were held entitled to recover 
that amount on the ground that the defendants, having 
weighed their goods on the machine after knowing of the 
notice, must be taken to have agreed to make the payment 
mentioned therein (m). 

But this right to make charges not expressly authorized ^ig^t to 
by statute or the company's Acts in respect of special fo^5«dcn 
services is entirely founded on agreement either express or agreenacnt. 
implied. And so where a company claimed to have per- 
formed special services for a trader, but had made no 
agreement with him regarding them, and given him no 
notice that the special service would be charged for, so as 
to allow the trader the option of performing the services 
himself, the railway company having charged the trader 
more than they were authorized to do, were not allowed to 
set off these charges for special services in an action by the 
trader to recover the excessive charges paid by him {n). 

When a Government duty is payable by a railway Stetutory 
company on the sums charged by it, the company may ^ ^^ 
add the amoxmt of such duty to its authorized charge (o) ; 
but where a statutory obligation is imposed upon a com- 
pany to do certain acts, such as cleansing and disinfecting 
oattle trucks, the performance of the obligation is not a 
service rendered to an individual for which they can make 
a charge {p). Such a charge, however, is in this particular 
case now expressly authorised (p. 208). 

(l) Price V. X. & N. W. By. Co,, 11 Q. B. D. 485. 
(m) Ibid. 

(«) Lane, cfe Torh. By. Co. v. Oidlow (No. 1), 42 L. J. Ex. 129 ; 
and see S. C. (No. 2), L. E. 7 H. L. 617, p. 622. 
(o) Brotvn v. G. W. By. Co., 9 Q. B. Div. 744. 
Ip) Cox V. G. E. By. Co., L. R. 4 0. P. 181. 

02 



84 CARRIAGE OF MERCHANDISE BY RAILWAY. 

ToUa and It may be well to mention here that sects. 93 to 95 of 

m. es n . ^^^ Railways Clauses Act, 1845, requiring all tolls to be 
exhibited on a board, and milestones to be set up along the 
railway, and allowing the company only to charge tolls 
whilst the tolls are exhibited and the milestones set up, 
apply only to tolls for the use of the railway where the 
railway company do not act as carriers. So that the 
omission to set up a milestone will not prevent the railway 
company recovering fares and charges made as carriers 
which are not tolls within the meaning of these sections (q). 



Bate Books and the Division of Bates. 

The most important provisions with regard to rate 
books and the division of rates by railway companies, are 
sect. 14 of the Act of 1873 (r), which is still in force, and 
sects. 33 and 34 of the Act of 1888 («). 

As is well known, railway companies are accustomed to 
quote rates to traders in lump sums, without apportioning 
any part to particular services. Thus, whether the rate be 
a rate from private siding to private siding, from station 
to station, or include cartage and delivery, the trader is 
in each case charged an inclusive rate, and, apart from 
statute, has no means of ascertaining how much of the rate 
is for conveyance, how much for terminal accommodation 
or services, or how much for cartage or other services. 

The Acts of 1873 and 1888 both contain provisions to 
enable traders to get this information, and probably the 
division of terminal accommodation, and the services of 
loading, unloading, covering, &o., into different heads, 
contained in the Orders the subject of this book, with a 
separate maximum for each head, will tend in the same 
direction. At the same time, it will be noticed hereafter 



(g) Brown v. G, W, By. Co., 9 Q. B. Div. 744. 
(r) 36 & 37 Vict. c. 48. 
(0 61 & 62 Vict, 0. 26. 



BATES AND CHAB6ES AND THE DIVISION OF BATES. 85 

that some cases are still unprovided for, and that in others 
raflway companies, if they comply with the letter of the 
enactment, are able to avoid giving the information which 
wonld be of practical value to the trader. 

Sect. 14 of the Act of 1873 may conveniently be divi- 86 k 37 Vict. 
ded into three heads — (a) the first orders the provision of ' ' '* 
rate books at all stations ; (b) the second gives the BaQ- 
way Commissioners power to order the division of the 
rates in certain cases ; (c) whUe the third part provides a 
penalty to which a railway company is to become liable 
for non-compliance with the requirements imposed on the 
company by this section. 

The first two headings will require separate considera- 
tion. 

The first part of the section provides that " every rail- W Keepingr 
way company and canal company shall keep at each of 
their stations and wharves a book or books showing every 
rate for the time being charged for the carriage of traffic, 
other than passengers and their luggage, from that station 
or wharf to any place to which they book, including any 
rates charged under any special contract, and stating the 
distance from that station or wharf of every station, wharf, 
siding, or place to which any such rate is charged. Every 
such book shall, during all reasonable hours, be open to 
the inspection of any person without the payment of any 
fee." 

It is convenient to consider this part of the section 
by itself. In the first place, the right to inspect these 
books is a right given to the public by the legislature, and 
anyone desiring to inspect them has a right to do so, and 
he need not show that he is in any way personally inte- 
rested, or that he is about to send traffic by rail {t). And 



{t) WatkinsonY, Wrexhamy Mdd, <fe Connah^s Quay Ry, Co, (No. 1), 
3N. & Mac. 6; Cairns v. N. E, Ry. Co., 4 B. & Mac. 221; Clonmel 
Traders v. Waterford <fe Limerick Ry. Co., 4 B. & Mac. 92, 



66 CARRIAGE OF MERCHANDISE BY RAILWAY. 

the right to inspect seems to include the right to take 
copies or extracts from the books (u). 

Notwithstanding that a company failing to comply with 
these requirements becomes liable to a penalty, the Rail- 
way and Canal Commission have jurisdiction to entertain 
a complaint of a contravention of this section (x), and will 
make an order to restrain the contravention and to allow 
the taking of extracts or copies of the book. 

The rate books must be kept at all the company's 
stations; so it has been held a contravention of this section 
where a railway company kept no rate books at their local 
stations, but divided all their mineral traffic into three 
districts, each district having a principal station at which 
rate books were kept, although they charged and booked 
no mineral traffic from their local stations, but from their 
principal stations only (t/). 
What to The rate books are to show every rate from the station 

" to any place to which they book," and this expression, 
though not identical, is closely connected with the expres- 
sion " to which they quote a rate " ; and so, although an 
isolated instance in which a rate had been quoted and 
accepted might not come within the section, yet, if goods 
axe regularly accepted on definite terms for conveyance 
between two places, the case will come within the sec- 
tion (s). So, the books must show all rates, through rates 
as well as local, even though the through rates be on the 
line of another company; but they need not show the 
rates from any other station than that at which the book 
is kept {a) ; but in the case of a through rate the books 

(u) Perkins v. L. & N, W. By* Co,, 1 N. & Mac. 327 ; and cf. 
Mutter V. Eastern & Midlands Bv, Co., 38 Ch. D. 92. 

(x) Perkins v. X. <fc N. W. By. Co., 1 N. & Mac. 327; Cory v. 
Yarmouth & Norwich By. Co., 3 Ey. Cases, 524. 

(y) Jones v. N. E. By. Co., 2N.& Mao. 208. 

(z) Pelsall Coal Co. v. L. <fc N. W. By. Co., 23 Q. B, D. 536, 642. 

(a) Oxlade v. N. E. By. Co., 3 N. & Mac. 35 ; Pelsall Coal Co. v. 
L. & N. W. By. Co., 23 Q. B. D. 536, 547. 



RATES Ain) CHARGES AND THE DIVISION OF RATES. 87 

need not show how much each company gets as its pro- 
portion of the through rate (J). 

In addition to the actual rates, the rate books must Distanocs. 
state the distances from the station of the places to which 
the rates are charged, and if this be not done an injunction 
will be granted ordering the railway company to do so (c). 

The second part of the section (d) provides that " the 0>) Dinaion 
Commissioners may from time to time, on the appUcation ""^ '^^''' 
of any person interested, make orders with respect to any 
particular description of traffic, requiring a railway com- 
pany or canal company to distinguish in such book (e), 
how much of each rate is for the conveyance of traffic on 
the railway or canal, including therein tolls for the use of 
the railway or canal, for the use of carriages or vessels, or 
for locomotive power, and how much is for other expenses, 
Bipecifying the nature and detail of such other expenses." 

The first thing requiring notice in this part of the section 
is ihat while the right to see the rate books under the first 
port of the section is given to every member of the public, 
under the second part the right to have the rate divided is 
only given to any person interested. And so, on an appli- 
cation to the Bailway and Canal Commission to have the 
rates in a rate book divided under this section, the appli- 
cant must file an affidavit showing how he is interested(/). 

What, then, is it necessary for an applicant to prove so 
as to bring himself within the words " any person inte- 
rested" ? The person who pays the rate is not the only 
person interested, but any person who makes out by proper 
evidence that the rates which he seeks to have dissected 



(J) WatkinaonY. Wrexham, Mold, & ConnaKa Quay By. Co. (No. 3), 
3 N. & Mac. 446. 
(c) Ohatterley Iron Co, v. North Staffordshire By. Co., 3 N. & Mao. 

238. 

{d) Sect. 14 of tlie Act of 1873 (36 & 37 Vict. c. 48). 

(e) J. c, the rate book ordered to bo kept at stations by the earlier 
part of the section. 

(/) Bailway and Canal Commission, General Rulesj No. 9. 



88 CARRIAGE OF MERCHANDISE BT RAILWAY. 

are really and substantially competitive rates with his own 
is a person interested within the meaning of this sec- 
tion {g). And this is not the only ground on which 
interest may be established; for a lady who possessed 
a private station connected with the London & North 
Western Railway, and who received a sum by way of 
terminal in respect of certain goods there dealt with, was 
considered to be interested in the division of the rates of 
traffic to her private station {h). 

A view somewhat larger was taken by Sir F« Peel in 
the Pekall Coal Co. v, L. 8f N. W, By. Co. (t), who con- 
sidered that the expression '^ interested " meant ^' however 
interested," and comprehended all persons who have a 
bond fide interest in knowing how the particular rates are 
made up. The learned Commissioner put tiie case of 
persons about to enter upon some business on premises 
adjoining a station, and seeking to know all about the 
rates on their particular description of traffic, and who 
have made and been refused a demand for such informa- 
tion ; and he considered such persons would be interested, 
and have loom standi under this section, although at the 
time they had had no transactions with the railway com- 
pany. 

It would seem, then, that the interest must be a com- 
mercial interest, and not merely arising out of curiosity, 
but that if the interest be bond fide and materially afEect 
the appUcant, it may take various forms. 
FnrpoM for But something more than mere interest must be estab- 
formatioa lished. In Tomlimon v. L. 8f N. By. Co. (A), Wills, J., 
songht. gaid : « In order to succeed in obtaining an order for the 

division of rates under this section, the applicant must 

{g) PeUcUl Coal Co. v. X. & N. W. By. Co., 23 Q. B. D. 636, 645. 

Ih) Tomlinson v. L. & N. W. By. Co., 63 L. T. (N. S.) 86 ; 7 B. & 
Mac. 22. 

(0 23 Q. B. D. 652. 

{k) 63 L. T. (N. S.) 86; 7 B. & Mac. 33; the reports differ 
Blightly. 



RATES AND CHABOES AND THE DIVISION OF RATES. 89 

establish two propositions — (1) that she is interested within 
the meaning of the section (without which she has no hem 
standi at all), and (2) that there are good grounds for 
exercising in her favour a judicial discoetion. Whether 
the applicant is interested is not necessarily the same 
question as what are the grounds for demanding the 
information. If the applicant has no reasonable cause of 
oompkint to establish or remedy, or no tangible or ap- 
preciable reason of self-protection to advance, the Court 
will be reluctant to gratify idle curiosiiy or to encourage 
mere fishing inquiries simply to enable a person to see if 
he can discover anything to find fault with." The reason 
for requiring the applicant to substantiate a reasonable 
purpose, for which he seeks the information, appears to 
be that if Parliament had meant to put railway com- 
panics under any duty to give the information to all 
comers, it would have said so, and instead of giving them 
the protection of the interposition of the Commissioners, 
would have imposed upon them the liability at once, and 
would have left to the Conmiissioners merely the power 
and duty of enforcing the statutory obligation (/). 

When, however, it has once been established that the 
applicant is interested, a very moderate degree of evidence, 
showing a legitimate purpose for which the information is 
sought, would in ordinary cases be sufiioient to satisfy the 
Court that its discretion ought to be exercised in favour of 
the application (m). 

We have seen that the rate books must contain through Through 
rates as well as local rates ; and similarly, as the section is ^ 
not confined to rates on one line only, the Conmiission 
have power to order the division of rates to places on the 
line of another company ; and although the definite article 
is used in the section, and the division is to be made 

between " conveyance upon the railway " and other ex- 

- - - - - - 

{J) See PeUall Coal Co. t. L. & N. W. By. Co,, 23 Q. B. D. 636 ; 
7 B. & Mac. 1. 
(m) lUd. p. 646. 



90 



CABBIAOE OF MERCHANDISE BT RAILWAY. 



Extent of 
jurisdiction. 



Compliance 
with order. 



penses, " the railway " is not confined to the railway of the 
sending company. If, however, on an application for the 
division of a through rate being made, the company 
opposing the application should satisfy the Court that 
they have not the means of dividing the charge as the Act 
of Parliament contemplates, they would not be ordered to 
do so ; but the only result of such a state of things would 
be that, under sect. 14 of the Act of 1888, tiie other 
company or companies concerned in fixing the through 
rate might be added as defendants to the application, and 
the requisite order made after all the companies whom it 
might be necessary to comprise in the order had been 
heard (n). 

But this jurisdiction as to the division of rates does not 
apply to every rate book. The Commissioners cannot 
make an order to distinguish rates in a rate book kept by 
the railway company for their convenience for purposes 
other than this section, and containing rates from other 
stations (o) ; nor in a rate book kept at some place whi<^ is 
not the company's station. And even between rate books 
at the company's stations there is a distinction to be drawn. 
If a rate book be a book of rates for traffic received or 
delivered at a place on the railway, other than a station 
within the meaning of this section (j?), it is not subject to 
an order for the division of rates. It is a book kept under 
sect. 34 of the Act of 1888, and the powers of the Railway 
and Canal Commission to order the division of rates do 
not extend to any book kept under that section (^). 

It was held by the old Kailway Commissioners that an 
order for the division of rates was not sufficiently complied 
with by the railway company dividing their rate into two 



(w) Fehall Coal Co, v. L. & N. W, Ity. Co,, 23 Q. B. D. pp. 636, 547. 
(o) Oxlade v. N. E, By. Co., 3 N. & Mac. 36. 
(p) 36 & 37 Vict. c. 48 (Act of 1873), s. 14. 
Iq) Tomlinson v. L. & N. W. By, Co., 63 L. T. (N. S*) 86; and 
of. Pelsall Coal Co, v. Z. (fe N, W. By, Co, 



RATES AND CHABOES AND TUB DIVISION OF RATES. 91 

parts, one part for conveyance and one part for " other ex- 
penses" ; but that, as regards the '^ other expenses," the rail- 
way company must state what they are and how much is 
charged in respect of each service or class of services (r). 

It seems that the mere fact that the total rate charged Rate within 
to a trader is within the statutory mileage maximum will JJI^I^^o.*^' 
not prevent an order for the division of the rate under this 
section being made on the application of the trader («), but 
that in such a case the company may comply with that 
order by electing not to make any charge for terminals 
and allocating the whole rate to conveyance (t). 

And in the recent case of Tomlinson v. L, 8f N'. W, Ry, Allooating 
Co, {u)y the applicant had obtained an order requiring the ^y^^^.^ 
particulars of certain rates to and from Preston to be 
distinguished and entered in the station rate book. 

The company sought to comply with this order by 
tendering a statement in which they attributed their 
TTfifLTinrnm mileage rate to the charge for conveyance, and 
the suzplus to the items constituting the terminal charge. 
As a result of this prooefls, the whole amount of some rates, 
which included coUeotion and delivery, were allotted to 
conveyance, leaving nothing as the charge for cartage, 
whilst in other cases the charge per ton for the use of 
Preston station varied from Qd. to 1«. on the same article 
when forwarded from different stations. The applicant 
thereupon contended that such a statement was no com- 
pliance with the order, but the Court held that the railway 
company had obeyed the order and distinguished the rates 
asked for, and all that remained for them to do was to 
make the entries as required in their station rate book. 

(r) Colman v. G. K By, Co,, 4 B. & Mac. 108 ; Birchgrovt Steel 
Co. Y. Mid, By. Co,, 5 B. & Mac. 229. 

(«) Jones V. N. E, By, Co,, 2 N. & Mac. 208 ; Bailey v. L. C, & 
D. By, Co,, 2 N. & Mac. 99. 

(t) Hotoardr, Mid, By, Co,, 3 N. & Mac. 263; BdberUon v. M. 
Q. W, (/r.) By, Co,, 2 N. & Mac. 409. 

(tt) Beported in the Times, 29th October, 1890. 



92 CARBIAGE OF MERCHAKDISE BT RAILWAY. 

How far such a compliance with the letter of the enact- 
ment would be binding on the railway company in subse- 
quent proceedings between the same or different parties 
has not yet been determined. 

' An order for the dissection of rates will only be made 
in respect of rates actually charged by the railway company 
at the time of making the application (x). On the other 
hand, if the rate be in existence at the time of making the 
application, the fact that it is subsequently withdrawn will 
not prevent an order to dissect the rate being made (y). 
fctenidpn of By sect. 28 of the Traffic Act of 1888, the provisions of 
goods cazried sect. 14 of the Act of 1873, above considered, have been 
bjBea. extended to traffic by sea in any vessels belonging to, 

chartered, or worked by a railway company, or in which 
the railway company procures merchandise to be carried. 
'^^^ i®^^> The powers of the trader to ascertain the rates charged 
by railway companies have been somewhat extended by 
sect. 33 of the Act of 1888, above referred to, but, as will 
be seen, the provisions of this section relating to the divi- 
sion of rates are much more restricted than those under 
sect. 14 of the Act of 1873. 
Claasifioation Sect. 33, sub-s. (1). "The book, tables, or other docu- 
forinsp^on. ment in use for the time being containing the general 
classification of merchandise carried on the railway of any 
company, shall, during all reasonable hours, be open to the 
inspection of any person without the payment of any fee 
at every station at which merchandise is received for con- 
veyance, or where merchandise is received at some other 
place than a station, then at the station nearest such place. 
Copies to be j^^ the said book, tables, or other document, as revised 
from time to time, shall be kept on sale at the principal 
office of the company at a price not exceeding one 
shilling." 

Sub-s. (2). " Printed copies of the classification of mer- 



(x) Eall V. L. B. & 8. C. By. Co., 4 £. & Mac. 398. 
(y) Berry v. L. C. & D. By. Co., 4 B* & Mac 310. 



RATES AND CHARGES AND THE DIVISION OF RATES. 93 

ohandise traffio and schedule of Tnaximnm tolls, rates, and 
charges of every railway company authorised, as provided 
by this Act, shall be kept for sale by the railway company 
at such places and at such reasonable price as the Board 
of Trade may by any general or special order prescribe." . 

This classification of traffic will be found on p. 365, and 
the maximum rates and charges applicable thereto for the 
various railways affected will be found on pp. 217 to 364. 
These rates and charges, from and after the confirming Acts 
coming into operation (2), are to be the rates and charges 
which the railway companies respectively are entitled to 
charge and make (a). 

Any person, upon giving not less than twenty-one days* AmendJuff 
notice to the railway company, may apply m the pre- 
scribed manner to the Board of Trade to amend any 
classification and schedule by adding thereto any articles, 
matters, or things, and the Board of Trade may hear and 
determine such application, and classify and deal with the 
articles, matters, and things referred to therein in such 
manner as the Board of Trade shall think right. These 
determinations of the Board of Trade are to be published 
in the Gazette, and to take effect as from the date of the 
publication thereof (i). 

This appears to be the only power of revising the classi- 
fication possessed by any authority except Parliament, and 
only allows additions to be made thereto. 

SuVs. (3). ''The company shall within one week after 
application in writing made to the secretcuy of any rail- 
way company by any person interested in the carriage of 
any merchandise which has been or is intended to be 
carried over the railway of such company, render an 
account to the person so applying in which the charge 

(z) I. e., let Januaiy, 1893, the Board of Trade liayiiig postponed 
to that date the commencement of those schedules which would 
otherwise have come into operation preyiously (soe p. 181). 

(a) Act of 1888, s. 24, sub-s. 10. 

(6) llnd,, sub-s. 11. 



94; CARRIAGE OF MERGHANDISB BY RAILWAY. 

made or olaimed by the company for the carriage of Budi 
merchandise shall be divided, and the charge for convey- 
ance over the railway shall be distinguished from the 
terminal charges (if any) and from the dock charges (if 
any), and if any terminal charge or dock charge is in- 
cluded in such account, the nature and detail of the 
terminal expenses or dock charges in respect of which it 
is made shall be specified." 

This sub-section enables a customer of the railway com- 
pany, without the help of the Commissioners, to call upon 
the railway company under certain circumstances to dissect 
a rate for him ; but the application of the section is much 
more confined than that of sect. 14 of the Act of 1873, and 
does not appear to extend to anyone but persons interested 
in having the goods to which the rates apply carried (c) ; 
the person desiring the dissection of the rate need not 
have paid the charge, but he must be a customer of the 
railway company {d). 

Having regard to the words " {if any) " after ^^ terminal 
charges " and " dock charges," and to the case of Tomlin" 
son V. L. 8f N. W. Rt/. Co, (e), a railway company would 
probably be held to have complied with the order by 
dividing the rate in a similar maimer to that adopted in 
that case (/). 
Notioetobe Sub-s. (4). "Every railway company shall publish at 
pu iiahe . every station at which merchandise is received for convey- 
ance, or where merchandise is received at some other place 
than a station, then at the station nearest to such place, a 
notice in such f orrn as may be from time to time prescribed 
by the Board of Trade, to the effect that such book, 
tables, and document touching the classification of mer- 
chandise and the rates as they are required by this section 



(c) Pehall Coal Co, v. L, & N, W. Ry^ Co., 23 a B. D. 645. 

\d) Ibid, p. 652. 

(e) Eeported in the Times, 29t1i Octobor, 1890. 

(/) Sujpra, p. 91. 



RATES AND CHABOES AND TIIE DIVISION OF SATKS. 35 

and seot. 14 of the Begrdation of Bailwajs Act, 1873, to 
keep at that statioiiy are open to public inspection, and 
that information as to any charge can be obtained by 
application to the secretary or other officer at the address 
stated in such notice." 

Sub-s. (5). " Where a railway company carries merohan- Traffic partly 
dise partly by land and partly by sea, all the books, tables, ^y ■®*- 
and documents touching the rates of charge of the railway 
company, which are kept by the railway company at any 
port in the United Kingdom used by the vessels which 
carry the sea traffic of the railway company, shall, besides 
containing all the rates charged for the sea traffic, state 
what proportion of any through rate is appropriated to 
conveyance by sea, distinguishing such proportion from 
that which is appropriated to the conveyance by land on 
either side of the sea." 

Sub-s. (6). " Where a railway company intend to make InoreaM 
any increase in the tolls, rates, or charges published in the ^^m. 
books required to be kept by the company for public 
inspection under sect. 14 of the Bagulation of Bailways 
Act, 1873, or this Act, they shall give, by publication in 
such manner as the Board of Trade may prescribe, at 
least fourteen days' notice of such intended increase, stating 
in such notice the date on which the altered rate. or charge 
is to take effect ; and no such increase in the published 
toUs, rates, or charges of the railway company shall have 
effect unless and until the fourteen days' notice required 
under this section has been given." 

An order has been issued by the Board of Trade with 
regard to a proposed increase in rates by a railway com- 
pany (^), which provides that the proposed increase of 
charge mast, (i) if any traffic has been carried at that 
rate for twelve months previous, be advertised in a local 
newspaper ; and (ii) in any case notice must be posted up 

{g) This order will bo foxmd at length, p. 451. 



at sidings. 



96 CARRIAGE 07 MERCHANDISE BY RAILWAY^ 

for twenty-eight days in a oonspioaous place on the stations 
affected. ^ 

Penalty. Sub-s. (7). "Any company failing to comply with the 

provisions of this section shall for each offence, and in the 
case of a continuing offence, for every day during which 
the offence continues, be liable on summary conviction to 
a penalty not exceeding five pounds." 

5*^j!1?!?!" S®^*' 34. " When traffic is received or delivered at auy 

place on any railway other than a station within the 
meaning of sect. 14 of the Begulation of Bailways Act, 
1873, the railway company on whose line such place is 
shall keep at the station nearest such place a book or 
books showing every rate for the time being charged for 
the carriage of traffic, other than passengers and their 
luggage, from such place to any place to which they book, 
including any rates charged under any special contract, 
and stating the distance from that place of every station, 
wharf, siding, or place to which such rate is charged. 
Every such book shall, during all reasonable hours, be 
open to the inspection of any person without the payment 
of a fee." 

The Bailway and Canal Commission have no power to 
order the dissection of rates in books kept under this 
section as they have in the case of books kept at stations 
under sect. 14 of the Act of 1873 (A). 

The old Eailway Commissioners had decided, under 
sect. 14 of the Act of 1873, that for the purposes of that 
section a siding was to be considered either as a station or 
as part of the nearest station, and that they had power to 
order the dissection of rates charged therefrom (f), but 
this decision must now be taken to be overruled. 

{h) Pelsall Coal Co, v. L. & N. W. By. Co. (No. 2), 7 B. & Mac. 
86 ; Tcmlinsm v. L. & N. W, By. Co., 63 L. T. (N. S.) 86; 7 B. & 
Mao. 22. 

(t) Earhome By. Co. v. L. & N. W. By. Co., 2 N. & Mac. 169. 



( 97 ) 



CHAPTER Vn. 

A RAILWAY OOHP ant's LIEN FOR UNPAID RATES AND TOLLS. 

Under the dlih section of the Eailways Clauses Act, lien for toUa 
1845 {a)f if, on demand, any person fail to pay the tolls 
due in respect of any carriage or goods, the railway 
company are given power to detain and sell such carriage 
or goods, or if the same have been removed from their 
premises to detain and sell any other carriages or goods on 
the company's premises belonging to the party Uable to 
pay such tolls. The word tolls, however, in this section, 
only applies to tolls strictly so called, i.e.f to charges for 
the use of the railway by persons conveying goods in 
their own carriages, and does not apply where the company 
act as carriers ((). And under the first part of the section 
a company cannot detain trucks for tolls due in respect of 
coals carried in them {c). Further, before detention or 
sale there must be a demand made for the tolls {d). 
In nearly every case, however, railway companies are 

(o) 8 Vict. c. 20. 

(6) Wallia v. X. <fc 8. W. By. Co., L. E. 6 Ex. 62 ; Braum v. O, 
W. By. Co., 9 Q. B. Div. 750; and cf. Garton v. Bristol & Exeter 
By. Co., 30 L. J. Q. B. 273 ; but see a Bootch case contra, Caledonian 
By. Co. Y. Guild, 1 Ct. Bess. Cas. 4tli series, 198. 

(c) North Central Wagon Co. v. M. 8. & L. By. Co., 35 Ch. Div. 
191, 229; 13 App. Gas. 554. 

(rf) lUd; Field v. Newport By. Co., 3 H. & N. 409; 27 L. J. 
Ex. 396. As to what amounts to a demand, see North y. Z. A 8. 
W. By. Co., 14 0. B. N. S. 132; 32 L. J. 0. P. 166 ; N. B, By. Co. 
V. Carter, 8 Macq. 998 ; Green v. St. Katherint's Docks, 19 L. J. 
Q. B. 53. 

D. H 



lien. 



98 CARRIAGE OF MERCHANDISE BT RAILWAY. 

themselves the oarriers on their lines, and therefore apart 
from agreement they have only the common law lien of 
a carrier to rely on for payment of their rates. 
Common law At common law a carrier has a partioular lien on goods 
carried by him (<?), even in the case of goods that have 
been stolen (/) ; but he has no general lien for the 
balance of his account (g). When detaining goods under 
this common law Ken, however, the carrier cannot charge 
for warehousing (h). And this lien does not allow the 
carrier to sell the goods over which it extends, and if he 
sell the goods he waives his lien and is liable for their 
value, and he cannot set o£E the amount of his lien (i). At 
the same time he must take every care of goods detained 
by him, and he has no right to use them (k). 

If a carrier once parts with the possession of the goods, 
otherwise than by fraud, he loses his lien on them (l). 
But if part of the freight be paid the carrier is bound to 
deKver the part of the goods on which the freight has been 
paid, and still keeps his lien on the whole of the remainder 
of the goods for the unpaid balance of the freight (m). 

And where goods consigned to an ultimate consignee 
through an independent carrier have been carried by the 
railway company to their destination, but have not been 
paid for, and the company refuse the carrier a ledger 
account, the railway company have no right to deliver the 
goods themselves to the ultimate consignee, and so obtain 

(e) Skinner v. Upahaw, 2 Ld. Baym. 762. 

(/) Exeter Carriers' case, cit. Yorhey. Qrenaugh, ibid. 867. 

\g) Bush/orthY. Hadfield, 6 East, 619; 7 East, 224; Holdemesa 
V. Collinson, 7 B. & C. 212. 

{h) G, N, By, Co. v. Sivaffidd, L. E. 9 Ex. 137; and see Lambert 
V. Robinson, 1 Esp. 119; British Empire Shipping Co, v. Somes, 
E. B. & E. 353 ; 8 H. & 0. 338. 

(t) MuUiner v. Florence, 3 Q. B. Div. 484. 

{k) Crouch v. G, W, By, Co., 27 L. J. Ex. 345; Scarf e v. Morgan^ 
4 M. & W. 270. 

{I) Wallace v. Wood, Ey. & M. 194. 

(m) Exp. Cooper, In re McLaren, 11 C?h. Diy. 68. 



A RAILWAY company's LIEN FOR UNPAID RATES AND TOLLS. 09 

payment for the carriage of the goods : their strict, and 
indeed their only right is to stand upon their lien, and to 
refuse to deliver the goods at all, and to keep them nntil 
the charges are paid (n). 

It is, therefore, not unusual for railway companies to General lien 
create by agreement a general lien on goods carried by ^^t! *^^"®" 
them by stipulating, in the consignment note, that all 
goods consigned to the company will be received and 
held by them subject to a general lien for money due to 
them, whether for carriage or other charges, and also that 
they shall have power to sell the goods in case the lien be 
not satisfied. This lien continues as long as the company 
hold the goods, and is not affected by the refusal of the 
consignee to receive them after their arrival at their 
destination (o). 

It has been held that, where such a general lien has been 
created by agreement between the railway company and a 
limited company, the railway company cannot retain 
goods of the limited company consigned after the limited 
company has been ordered to be wound up in respect of 
balances due before the winding-up order (p). But al- 
though this case was confirmed on appeal (g), it is difficult 
to find any adequate reason for altogether ignoring the 
agreement, and Chitty, J., in a recent case (r), has declined 
to follow the principle there laid down, and held that such 
an agreement made with a limited company is good and 
valid after the winding-up. 

In any case, the lien can only attach after the goods 
have been carried and are ready for delivery. The com- 
pany can claim no lien immediately on receipt of the goods 
from the consignor {a). 

(n) Ford v. Z. & 8. W, Ry. Co., 7 B. & Mac. Ill, p. 117. 

(o) Wegtfield v. O, W. By. Co., 62 L. J. Q. B. 276. 

Ip) WiUshire Iron Co. v. G. W. By. Co., L. E. 6 Q. B. 101. 

Iq) Ibid. 776. 

(r) In re Llangennech Coal Co., 66 L. T. 475 ; W. N. (87), 22. 

(«) WilUhire Iron Co. v. S. W. By. Co., L. R. 6 Q. B. 776. 

h2 



100 CARRIAGE OF MERCHAJTD13K BT RAILWAY, 

Where, however, the oonflignee is not the owner of the 
goods the railway company cannot, under a general lien, 
retain the goods, as against the true owner, to answer a 
balance due from the consignee upon other consignments (t). 
At the same time, the consignor cannot recover the goods 
from the railway company without paying any charges 
the railway company may be entitled to in respect of the 
carnage of the goods (u). 

{t) Wright V. Snell, 6 B. & Aid. 350 ; In re BuaheU, Exp. Q. W. 
By. Co., 22 Ch. Diy. 470; North Central Wagon Co. v. M. 8. <fe L. 
By. Co., 35 Ch. Div. 226; 13 App. Cas. 262. 

(u) Westfield v. (?. W. By. Co., 52 L. J. Q. B. 276. 



( 101 ) 



CHAPTER Vin, 

RAILWAY COMPANIES AND THEIR LIABUJTY AS COMMON 

CARRIERS. 



Liability of Common Carriers. 

Bailwat oompanies may be, but are not necessarily 
common cameis and liable as such. Section 86 of the 
Bailways Clauses Act of 1845 authorizes companies to 
cany and convey on their railway all such passengers and 
goods as shall be ofiered to them for that purpose. And 
the 89th section of the same Act specially provides that 
the liabilities of railway companies are not to exceed those 
of common carriers, and that railway companies are to be 
entitled to the same protection and privilege as common 
carriers are entitled to. At the same time this section is 
permissive, and, apart from the Eailway and Canal Traffic 
Act of 1888, railway companies may relinqmsh the business 
of carrying (a) if they desire, but if they carry for some 
they must do so for all (b). 

The common law liability of railway companies as 
carriers has been varied by statute by two enactments, 
viz. : the Carriers Act of 1830 (c), and sect. 7 of the 
Traffic Act of 1854 {d)^ and these are each so important 
as to require separate notice. 



(a) Johngon v. Mid. Ry, Co,, 4 Exch. 367. 

{h) Hare v. L. & N. W. Ry. Co,, 2 J. & H. 80; 30 L. J. Oh. 817. 

(c) 1 Will. IV. c. 68, :post, p. 118. 

\d) 17 & 18 Yict. c. 31, post, p. 132. . 



102 CARRIAGE OF MERCHANDISE BY RAILWAY. 

It vill be well jBrst to see what are the liabilities of 
carriers at oonunon law — 

There are two important liabilities of common carriers 
at common law — (1) they are liable as insurers of the 
goods entrusted to their care; (2) they are under the 
obligation to carry. 
As insiiTers. (1) As insurers of the goods or animals committed to 
them for carriage, railway companies are liable for every 
loss happening to the goods or animals carried and not 
occasioned by the act of God or the Eang's enemies (e). 
Thus, they are liable for loss by fire (/), or by the felony 
of their servants (^), or by theft or the wrongful acts of 
strangers, while they have a remedy against the wrong- 
doer for the damages they may sustain by his wrongful 
act (A), 
d^^^* If, however, in course of transit, injury happens to the 

per vice.'" goods or to an animal, owing to the inherent nature of the 
goods themselves or of the animal, the carrier is not liable 
as an insurer (t). This exception occurs, of course, much 
more frequently in the case of animals, when the injury 
has sometimes been said to have been caused by the 
^^ proper vice " of the animal. But the deterioration of 
perishable articles, and evaporation and leakage of liquids, 
would seem to come under the same head as proper 
vice (y). 
And so where a railway company had contracted to 



{e) Forward v. Pittard, 1 T. E. 27 ; Nugent v. Smith, 1 0. P. Div. 
423. 

(/) Hyde v. Trent & Mersey Co,, 6 T. E. 389; Oatdiffe v. Bourne, 
7 M. & G. 850; 11 CI. & F. 46. 

((/) G. TT. Ry. Co. v. Bimmelly 18 C. B. 674. 

(h) Trent & Mersey Co, v. Wood, 4 Doug. 287 ; and cf . 2 Wins. 
Saund. (6tii ed.), 47e. 

(0 BUywer v. (?. W, By. Co., L. E. 7 0. P. 666 ; Kendcdl v. L. & 
8. W. By. Co., L. E. 7 Ex. 373. 

(y ) Hudson V. Baxendale, 2 H. & N. 675 ; Ohrloff y. Briscall, 
L. E. 1 P. C. 231. 






RAILWAY 00MPA1<1ES' LIABILITY AS COMMON CARRIER^'. 103 

send an engine on its own wheels to Wigan, but the 
engine broke down on the way, it was held by the 
majority of the Court of Appeal that even assuming that 
the company were common oairiers of engines (of which 
there was no evidence), and though the railway company's 
manager had inspected the engine before it started, they 
were not liable for non-delivexy of the engine, seeing 
that it had occurred owing to the inherent defect of the 
thing carried (k). Lord Esher in that case expressed his 
opinion that the company were bound by their contract to 
deliver the engine at all events; but to all contracts of 
carriage there was an implied exception where it was 
clearly reasonable and right, and where it must seem so to 
all fair-minded persons that there should be such an excep- 
tion. If, for instance, the engine had blown up, it could 
not have been intended that the railway were liable to 
deliver it nevertheless. 

In order to show that the injury occurred owing to the 
*^ proper vice " of an animal, it is not necessary to prove 
that the animal was vicious, but merely that there was no 
negligence on the part of the railway company, and, 
nothing extraordinary having happened, that the injury 
must have been caused by the struggles of the animal (/). 

And if the accident occurs owing to the negligence of Negligence of 
the owner of the animal, the company are not liable. So ^^'^^' 
where a dog had been handed to a railway company for 
carriage, secured by collar and chain, apparently sufficient 
for the purpose, and the dog slipped the collar and, escap- 
ing on to the line, was injured, the railway company were 
held not liable (m), though it might have been otherwise 
had the collar and chain been obviously insufficient to 

{k) Johnson v. N, E, By, Co,, 6 Tiines L. B. 68. This case was 
affirmed on appeal to the House of Lords (Times, 19th March, 1891), 
but, as it is not reported, it is impossible to say on what grounds. 

(0 Blower v. G. TT. By. Co., L. E. 7 C. P. 655 ; Kendall v. L. <fc 
8. W. By. Co., 7 Ex. 373 ; Nugent v. Smith, 1 0. P. D. 423. 

(m) Bichardeon v. N. E. By. Co., L. E. 7 C. P. 75. 



104 



CARRIAGE OF liERCHANDlSE BY RAILWAY. 



€kx>dBimpro< 



Act of God. 



seoure the dog (n). It is, however, to be observed that in 
the case of Richardson v. N. E. By. Co.y above xnentioned, 
it was expressly found that the company were not common 
carriers of animals. 
And on the other hand, if goods are delivered to a 
porly packed, ^qj^qj improperly packed, and they suffer damage, the 
carrier may still be liable if the damage be shown to have 
been caused by the carrier's negligence, although it be also 
partly due to the bad packing (o). But if the damage 
arise solely from the improper packing the carrier will not 
be liable (p). 

To make the cause of injury the act of G-od, the injury 
must be due to an accident which arises from natural 
causes wholly and exclusively, without human interven- 
tion, and could not have been prevented by any amount 
of foresight, and pains, and care reasonably to be ex- 
pected (3^). 

Subject to sect. 7 of the Traffic Act of 1864 (r), there is 
nothing to prevent the railway company from exempting 
themselves from liability for accidental injuries to goods 
carried by them («), and in practice special rates for goods 
carried at ^'owner's risk" are of frequent occurrence. 
These, however, in most oases fall within legislative en- 
actments, and for their validity special precautions are 
required by the legislature, which will be hereafter dis- 
cussed {t). 



Special 
oontract. 



(n) Stuart y. Crawley, 2 Stark. 323. 

(0) HigginMham v. O. N. By. Co., 2 F. & F. 796; 10 W. E. 
358. 

{p) Barhour v. 8. E. By. Co., 34 L. T. 67. 

Iq) Nugent y. Smithy 1 0. P. D. 423; Nitrophosphate, &c Co. y. 
London A St. Katherint'e Dock Co., 9 Gh. Div. 503. 

(r) See|xwj, p. 132; and as to what amounts to a special oontract, 
pp. 125, 126. 

(«) Earrieon y. L. B. & 8. C. By. Co., 2 B. & S. 152; and of. an 
elaborate judgment of Cockbum, 0. J., in Peek y. N, Staff. By. Co., 
10 H. L. 0. 473. 

(t) P. 137. 



KAILWAT companies' LIABILITY AS COMMON CABBIERS. 106 

Betomed empties are, in the absenoe of an express Boturned 
contract to the oontraiy, carried by a carrier subject to the *°^^ 
oidinaiy earner's IkbOity, eyen though no extra payment 
be made in respect of them, the charges made on the 
outward joumej being presumed to cover the return 
journey {u). 

(2) The obligation to carry must not be unreasonable ; The oUlga- 
and a common carrier may refuse to carry on reasonable ^^*"^' 

grounds, as that his coadi is full (f), or that the goods 
were brought at unreasonable times {x); but it seems that 
an action would lie for an unreasonable refusal on the part 
of a common carrier to carry (y). 

A company, however, are only bound to carry according 
to their profession (s), and accordingly may refuse to carry 
animalH or, it would seem, any other class of goods as 
common carriers (a). It seems that if a company always 
require the consignors of goods of a particular class to 
enter into a special agreement for the carriage of such 
goods, they are not common carriers of that class of 
goods ((). This, however, has no reference to a railway 
company's liability to carry the goods or other traffic 
offered to them, not as common carriers, but under the 
Traffic Act, 1854 (c). 

Special statutory provision has been made respecting the Animals, 
carriage and treatment of animals. Under the Contagious 
Diseases (Animals) Act, 1878 (d), every railway company 

(tt) Aldridge v. G. W. By. Co., 15 0. B. N. S. 682. 
(v) LouHtt Y. HolbB, 2 Show. 127. 

(x) Lane v. Cotton, 1 Ld. Baym. 652; and see Edwards y. 
SherraU, 1 East, 604. 

(y) Exp. Bohina, 7 Dowl. P. C. 666; and cf. 1 Wms. Saund. 312, 
(s) Johnson y. Mid. By. Co., 4 Exch. 367. 

(a) Bichardson y. N. E. By. Co., L. E, 7 C. P. 80; Dickson y. 
G. N. By. Co., 18 a B. Div. 176. 

(b) Liver AUcali Co. y. Johnson, L. E. 9 Ex. 338 ; 8cai/e y. 
Farrant, L. E. 10 Ex. 368. 

(c) As to this, see pp. 16, 81, 126. 

(d) 41 & 42 Yiot. c. 74. 



106 



CARRIAGE OF MERCHANDISE BY RAILWAY. 



must proyide water and food or either of them on the 
request of the consignor or person in charge, to the satis- 
faction of the Privy Council, at such stations as the Privy 
Coimcil from time to time direct for animals carried, or 
about to be, or having been carried on the rMlway (y). 
And the company may charge for such food or water in 
addition to their rates for the carriage of the animal, and 
have a lien for such charge on the animal (2). The 
animals in this Act include sheep and goats and other 
ruminating animals, and swine (a). 

The Privy Council may by order prohibit the removal 
of animals ; and where such order was made, and imder 
the regulations of a local authority the animals were not 
to be moved without a declaration being first made and 
signed by the owner, the railway company, who carried 
them before the declaration was made, were held liable to 
a penalty (5); and where such a declaration is required,, a 
railway company may refuse to carry without it (c). 



Who may 
sue. 



Bight to Sue. 

If there be a special contract that the carrier is to be 
liable to the consignor, the consignor may sue for injury 
to the goods carried (d). But if there be no special con- 
tract the owner of the goods is the proper person to sue. 
If, therefore, the goods have been sold and are being 
carried for delivery to the purchaser, the consignee is the 
proper person to sue (e) ; but if there is no binding contract 



^ 



(y) 41 & 42 Vict. c. 74, 8. 3. 
(z) Ibid, 8ub-8. 5. 
(a) Ibid, 8. 55, 

(6) Mid, By, Co, y. Freeman, 12 Q. B. D. 629. 
(c) WiUiatM V. G, W. By, Co., 54^ L. T. 250. 
\d) Moore v. WHeon, 1 T. E. 669 ; G, W. By, Co, v. Bagge, 15 
a B. D. 625. 
(c) IhOton V. Solomonson, 3 B. & P. 582. 



RAILWAY companies' LIABILITY AS COMMON CARRIERS. 107 

of sale (/), or if the goods are merely being sent on ap« 
pToyal(^) the consignor must sue. A bailee, howeYer, 
haying a special property in goods committed to him, and 
who has entrusted the goods to a carrier, may sue (A). 

This question of the right to sue is of importance, for if 
the railway company haye paid compensation to the wrong 
party, that is no defence to an action by the person en- 
titled to the compensation (t). So where a railway com- 
pany had paid compensation to the consignor on a claim 
made by him without notice that he was not the true 
owner, it was held no answer to an action by the owner. 
If there be no special contract as to the railway company's 
liability the fact that one party may haye nominated or 
selected the particular carrier to whom the goods were 
entrusted appears to be immaterial {k). 

Pritnd facie f if a railway company receiye goods for Through 
cojiyeyance to a place beyond the limits of their line, they "^*^*^' 
undertake the responsibility for the complete transit, and 
are liable for loss or injury to the goods, though it take 
place on the line of anotlter company (/). But the com- 
pany may stipulate that they will not be liable for loss or 
damage to goods after they haye been deliyered to an- 
other company (;n), but in such a case deliyery to another 
company must be clearly proyed if relied on by the 
company (n). 

But if the damage occurs on the line, not of the re- 



(/) CoaU y. Chaplin, 3 Q. B. 483; Cownhs y. Bristol dh Exder 
By. Co., 3 n. & N. 510. 

{g) Sivain y. Shepperd, 1 M. & Bob. 223. 

{h) Freeman y. Birch, 1 N. & Man. 420 ; 3 Q. B. 492, n. 

(0 Coomha y. BrUtol & Exder By. Co., 3 H. & N. 1. 

{h) Ibid. 3 H. & N. 510 ; Button y. Sohmonson, 3 B. & P. 582. 

(/) Muachamp y. Lane. & Preston By. Co., 8 M. & W. 421 ; 
Shepherd y. Bristol & Eoceter By. Co., L. E. 3 Ex. 189. 

(m) Aldridge y. G. W. By. Co., 15 C. B. N. S. 582; Fowles y. 
G. W. By. Co., 7 Exch. 699 ; 22 L. J. Ex. 76. 

(n) Kent y. Mid. By. Co., L. E. 10 Q. B. 1. 



108 



CARRIAGE OF MERCHANDISE BY RAILWAY* 

ceiving, but the forwarding or deLiyermg oompanj, the 
company on whose line the damage was caused maj be 
sued (o). 



Stoppage in Transitu. 



Stoppage in 
transitu. 



The vendor of goods who has handed them to a carrier, 
so long as the purchase-money remains unpaid, has, upon 
the insolvenoy of the purchaser, the right to stop the goods 
in transitu, or so long as they are in the possession of the 
carrier as such (/?), or while they are being warehoused by 
the carrier; provided there is nothing to show that the 
carrier is acting as agent for the purchaser (j^). And if 
part only of the goods have been delivered the right of 
stoppage in transitu applies to the other part (r). 
When gone. The right of stoppage is gone when the carrier has 
delivered the goods to the purchaser or his agent, 
whether or not the goods have reached their ultimate 
destination {s) ; but the right of stoppage remains if the 
purchaser have refused the goo^ when proffered to him 
for delivery (t). So, too, it is gone if the purchaser have 
transferred his interest to a sub-purchaser for valuable 
consideration {u) ; but if a genuine notice to stop has been 
given by the vendor, the latter will be entitled to be paid 



(o) Hooper v. L. <fc N. W. By. Co., 5C L. J. 0. P. 103 ; Foulkes v. 
Met. Dist Co., 6 C. P. D. 157. 

{p) Ex p, Bosevear Co., In re Cock, 11 Oh. Div. 660; Ex p. 
Cooper, In re Maclaren, 11 Ch. Div. 68; Bethdl v. Clark, 19 Q. B. D. 
563; 20 Q. B. Div. 615. 

{q) Ex p. Barrow, In re Woredell, 6 Oh. D. 783. 

(r) In re Maclaren, Exp. Cooper, 11 Ch. Div. 68; BoUon v. Latic. 
& York By. Co., L. E. 1 0. P. 431. 

(«) In re Whitworth, Ex p. Oibbea, 1 Ch. D. 101 ; Kendcd v. Mar-- 
ihaU, Stevens ds Co., 11 Q. B. Div. 356 ; In re Isaacs, Ex p. Miles, 
15 a B. D. 39. 

(«) BoUon V. Lane. A York. By. Co., L. E. 1 C. P. 431. 

(u) Leask v. BcoU, 2 a B. D. 376. 



BAILWAT COMFANTBS' LIABILITY AS COMMON CAKRIERS. 109 

out of any unpaid purchase-monej in the hands of the 
sab-pnrohaser (v). 

The mere fact that the pnrohaser has nominated the 
earner would seem not to be sufficient to make deliveiy 
to him deliyerj to the agent of the purchaser (a?), but 
deliyery on board a ship of the purchaser is deliyeiy to 
him(y). 

If the consignor exercise his right of stoppage in tran^ Action 
sitUf and the carrier, after receiving notice, deliver the t^^ "* 
goods to the consignee, an action against the carrier for 
damages for so doing appears to be founded in tort (2). 

DeUveri/. 

The carrier must provide a proper place for delivery ; DeUyery. 
and if he neglect to do so, and loss arises owing to his 
neglect to do so, he may be made liable (a). He is also 
liable for misdelivery on the ground that he is liable as 
insurer until his contract as carrier is at an end (6). But 
if goods are consigned to a fictitious consignee at a 
particular address, and the goods are delivered in the 
ordinaiy course upon the signature of the fictitious con- 
signee fraudulently made by a third person, the carrier 
win not be liable (c), unless there are circumstances to 
excite his suspicion (t/). 

And an ordinary contract (and although not as common 
carriers) to cany from station to station, involves an 

(v) In re Knight, Exp. Davis, 13 Oh. Div. 629; Kemp v. Falk, 
7 App. Cas. 573. 

(aj) In re Cock, Ex p. Boeevear Co,, 11 Ch. Div. 560 ; In re Mac- 
laren, Exp. Cooper, 11 Oh. Div. 68 ; Bethell v. Clark, 19 Q. B. D. 
553. 

(y) BchoUmans v. Lane. & York. By, Co,, L. B. 2 Oh. 332. 

(2) Ponti/ex v. Mid. By. Co., 3 Q. B. Div. 23. 

(a) Booth V. N. E, By. Co., L. E. 2 Ex. 173. 

(6) Heugh v. L. & N. W, By. Co., L. R. 5 Ex. 51. 

(c) Af'Kean v. M'lvor, L. R. 6 Ex. 36. 

\d) Stephenson v. Hart, 4 Bing. 476. 



110 



CABBIAOE OF MERCHANDISE BY RAILWAY. 



Ganfli^eeto 

eTaTnmft 

goods. 



Place of 
deliYeiy. 



BoASonable 
tune. 



obligation to unload and deliver at the receiving station, 
or at least to provide proper appliances for that pur- 
pose {e). 

When goods are delivered by a earner at the proper 
place and proper time, the consignee is bound to examine 
them, and see whether they are in good order ; and if he 
does not intimate objection, it will be presumed that they 
were delivered in good order (/). So, in a Scotch case, 
where on delivery of a number of batteries properly made, 
the consignee, acting on the report of the railway com- 
pany's servants, wrote to the company complaining that 
nine had been damaged, but a fortnight later discovered 
twelve more to be broken, it was held that the twelve must 
be presumed to have been delivered sound (ff). 

Where goods are handed to a carrier for carriage with a 
direction to deliver to a specific consignee at a particular 
place, the consignee may agree with the carrier to deliver 
the goods at any other place (A). 

The carrier is also bound to deliver within a reasonable 
time, though he is not liable if the delay occur owing to 
circumstances beyond his own control (t). But if injury is 
caused to the goods by the delay, which would not have 
arisen if the goods had been properly packed, the owner 
may only be entitled to nominal damages (k). 

The question whether there has been unreasonable delay 
is a question of fact, but if the ordinary course of convey- 
ance has been departed from this may be evidence of 
unreasonable delay (/), and the fact that a train arrives 



(c) Boyal National Lifeboat Inst. v. L, & N, W, By, Co,, 3 Times 
L. B. 601 ; and see G, W, By, Co. v. Swansea, 4 £. & B. 184. 

(/) Stewart v. N, B, By, Co,, 6 Ot. Seas. Cas. 4th series, 426. 

\g) Ihid, 

\h) L, & N, W, By, Co, v. BartJett, 7 H. & N. 400 ; Cork Distil- 
leries Co, V. G, 8. & W. By, Co,, L. E. 7 H. L. 269. 

(t) Taylor v. G, N, By, Co,, L. E. 1 C. P. 385. 

(^•) Baldwin v. L, C. & D, By, Co,, 9 Q. B. D. 682. 

(0 Wren v. Eastern Counties By, Co,, 1 L. T. (N. S.) 5. 



BAILWAY companies' LIABILITY AS COMMON CARBIEBS. Ill 

several hours late is primd facie evidenoe of unreasonable 
delay and requires to be accounted for by the company (m). 
If the ordinary route be adopted it is immaterial that it is 
not the shortest possible (n). And the fact that a company 
has altered its time tables without informing the consignor, 
and consequently the goods have not arrived as usual, is no 
evidence of unreasonable delay (o). And if a company 
undertakes to forward goods by a particular train, they 
do not thereby warrant that the train will arrive at its 
usual time (p). 

. When goods consigned at station to station rates arrive Kotioe ol 
at the delivery station, it is usual for the delivering com- *'"^' 
pany to send to the consignee notice of their arrival/ 
Whether a company issuing such notice by mistake are 
bound by its contents, so as to be estopped from denying 
that they hold the goods described therein, depends upon 
whether or not they have caused injury by their culpable 
negligence. Where a company has by mistake advised a 
person that goods have come for him when they have not 
done so in fact, they are not prevented from explaining 
their mistake (q) ; but where a company issued two different 
delivery orders in respect of the same consignment of goods, 
as against a holder for value of those delivery orders, they 
were estopped (r). 

The carrier's liability extends until the contract of Tennination 
carriage has been performed. But if the carrier is to ^ * ^' 
deliver goods to a consignee at a particular address and 
they are refused there, the carrier's liability ceases («), and 
he is not bound to give notice to the consignor of the 

(tn) Roberta v. Mid. By. Co., 25 W. E. 323. 
(n) Hales v. L. cfc N. W. By. Co., 4 B. & S. 66. 
(o) Bollanda v. M. 8. & L. By. Co., 15 Ir. C. L. 560. 
(jp) Lord V. Mid. By. Co., L. E. 2 0. P. 339. 
\q) Carr v. L. & N. W. By. Co., L. E. 10 C. P. 307. 
(r) Coventry v. 0. E, By. Co., 11 Q. B. Div. 776; Seton v. La/one, 
19 Q. B. Biy. 68 ; Lishman v. Christie, ibid. 333. 
(«) Hei^gh v. L. & K W. By. Co., L. E. 5 Ex. 61. 



112 CARRIAGE OF MERCHANDISE BY RAILWAY. 

refosal to aooept the goods if he does what is reasonable 
under the ciroomstanoes of the ease {t). 

If goods are consigned at station to station rates to be 
taken away from the delivery station by the consignee, the 
carrier's liability does not cease nntil the goods have reached 
the delivery station, and a reasonable time has been allowed 
for their removal after notice of their arrival (i*). But if 
the carrier is unable to give notice of their arrival to the 
consigneey his liability as carrier is exchanged for that of 
warehouseman (v). 

If the consignee does not remove the goods within a 
reasonable time after notice of their arrival the railway 
company's liability as carrier terminatesi and they become 
liable as warehousemen (^). And it has been held that 
where a consignee refused to take delivery of a horse, the 
carriers could recover from him proper expenses incurred 
by them in putting the horse out to livery (y), 

A notice delivered to a consignee by the railway com- 
pany to the effect that goods have arrived at their station, 
and after a reasonable time will be held by the company 
not as carriers, but as warehousemen, and subject to a 
charge for demurrage, is binding on the consignee, al- 
though he have signed the consignment note under 
protest (s). And if after such a notice the consignee 
takes part of the goods away and leaves the rest, he must 
be taken to have agreed to the terms imposed (a). But a 
notice that the goods have arrived and will be held by the 
company not as carriers, but at the owners' sole risk, will 

(<) Hudson V. Baxetidale, 2 H. & N. 575. 

(u) Mitchell v. Lane, & York. By. Co,, L. E. IC Q. B. 256, 263 ; 
Fatscheider v. G. W, By. Co,, 3 Ex. D. 153. 

(v) Chapman v. O, W, By. Co,, 5 Q. B. D. 278. 

(a;) Heugh v. L, <fc N, W, By, Co,, L. R. 5 Ex. 51 ; Mitchell v. 
Lane, & York. By, Co,, L. R. 10 Q. B. 256. 

(y) G, N, By, Co, v. Swaffield, L. R. 9 Ex. 132. 

(«) JV: E, By, Co. V. Cairns, 32 W. R. 829. 

(a) Mitchell v. Lane, <fc York, By, Co,, L. R. 10 Q. B. 256. 



RAILWAY companies' LIABILITY AS COMMON CARRIBBS. 113 

not absolve the company from taking reasonable care of 
the goods (b). 

And if goods are detained because the consignee refused Befosal to 
to pay for their carriage, they must be kept a reasonable ^^ <»«»««• 
time at the place of delivery (c). 

Warehousing. 

The liability of warehousemen or bailees in respect of LiabOity of 
goods entrusted to them is essentially different from that ^^ *'^**®' 
of carriers ; they are not liable as insurers of the goods, and 
are only bound (1) to take reasonable and proper care of 
the goods (d) ; (2) to deliver them up to the owner or 
person entitled to receive them within a reasonable time 
after a reasonable demand (e). 

(1) It is, of course, open to the parties to make a Gbveoffhe 
special contract of bailment by the terms of which they 8**^^' 
would be bound (/) ; but in the absence of any such 
special contract, a warehouseman is bound to take reason- 
able and proper precautions for the safety of goods 
entrusted to him (g) ; but there is no warranty to keep 
them absolutely safe; and so, if the warehouseman has 
employed a competent contractor to erect a building, but 
the goods are injured owing to a defect, of which the 
warehouseman had no notice, caused by the negligence of 
the contractor, the warehouseman will not be held liable (A). 
Though if the warehouseman undertake to warehouse the 
goods at a particular place, and send them to another, he 



(6) Ibid. 

(c) Crouch V. G. W, By. Co., 3 H. & N, 183. 
{d) Coggs y. Bernard , 2 Ld. Eaym. 909 ; 1 Sm. L. 0. 188. 
(c) Stallard v. O. W. By. Co., 2 B. & S. 419. 
(/) See Harris y. G. W. By. Co., 1 Q. B. D. 515, a case relating 
to luggage deposited in a cloak-room. 

{g) Cogga v, Bernard, 2 Ld. Eaym. 909 ; 1 Sm. L. 0. 188. 
(A) Searh v. Laverick, L. E. 9 Q. B. 122. 

T>. I 



114 



CARRIAGE OF MERCHANDISE BY RAILWAY. 



Obligation to 
deliver. 



Damages for 
conyenion. 



may become liable for injtuy resulting to the goods in 
consequence of his so doing (t). 

(2) The warehouseman is bound to deliver the goods 
to the owner within a reasonable time after a reasonable 
demand (A:), and if delivery be refused, the Statute of 
Limitations does not begin to run, so as to bar the right to 
sue for the goods, until such demand and refusal (/). The 
warehouseman is not liable, strictly speaking, for mis- 
deUvery, though he may be so if it has resulted from want 
of reasonable care (m) ; but he may be liable in an action 
for conversion if he parts with the goods to a person who 
is not entitled to them, and that even though he acts bond 
fide^ and the person to whom he delivers the goods be 
subsequently authorised by the true owner to receive 
them (n), though in the latter case the plaintiff could only 
recover nominal damages (o). 

The measure of damages in an action for conversion 
where goods have been unlawfully converted, is prinid facie 
the full value of the goods. And that is the measure 
whenever the plaintiff could have resumed the property if 
he could have laid hands on it and held it as his own, as 
when the conversion is by a stranger (jt?). But where 
that is not the case, as where an unpaid vendor converts 
the goods, only the loss actually sustained by the plaintiff 
is recoverable, as in such a case the plaintiff would no 
longer be liable to the vendor for the contract price {q). 



(t) Lilley v. Douhleday, 7 Q. B. D. 610. 

{k) Stallard v. O. W. Ry. Co., 2 B. & S. 419. 

\l) Wilkinson v. Verity, L. E. 6 C. P. 206. 

(m) Hetigh v. L» & N. W. Ry» Co,, L. E. 5 Ex. 61 ; StepheMon v. 
Hart, 4 Bing. 476 ; Devereux v. Barclay, 2 B. & A. 702. 

(w) Hiort V. L. <fe N. W, By. Co., 4 Ex. D. 188; Eiort v. BoU, 
L. E. 9 Ex. 86. 

(o) Eiort V. L. & N. W. Ry. Co., 4 Ex. D. 188. 

{p) Johnson v. Lane. & York, Ry. Co., 3 0. P. D. 499, and cases 
there cited. 

{q) Chinery v. Viall, 6 H. & N. 288. 



RAILWAY companies' LIABILITY AS COMMON CARRIERS. 116 

Damages, 

The meaenre of damages recoverable against a carrier Damages for 
for the loss of goods is, as a rule, the market value of the **"* 
goods at the time and place where they ought to have been 
delivered, and the fact that the consignee has sold them 
for less than the market price is not material (r). If the 
market price cannot be ascertained, the measure of damages 
will be the cost price, plus the cost of carriage, and a 
reasonable importer's profit (s), or, if this fail, the price at 
which they have been sold by the owner (^), or their value 
to him {u)j or the price at which the best substitute for 
them can be obtained (9). 

But where a carrier contracts with a railway company Gosta of 
to carry goods, which are lost, the railway company are ■*^*"*'^' 
not liable for the costs of an action brought by the owner 
of the goods against the carrier to recover the goods, 
and unreasonably defended by the carrier («?). If, how- 
ever, the action have been reasonably defended, it seems 
the costs may be recovered. But the fact that the defence, 
though unreasonable in itself, has been useful in ascer- 
taining the damages, does not make the defence reason- 
able {x). 

In an action against a carrier for breach of contract to Breach of 
oairy, damages can only be given in respect of such conse- ^S^ *« • 
quences of the breach as might reasonably be supposed to 
have been in the contemplation of the parties at the time 



(r) Rodocanachi v. MUhum, 18 Q. B. D. 67. 

(») Bice V. BaxendaUy 7 H. & N. 986; O'Hanlan v. G. W. By. Co., 
6 B. & S. 484. 

{t) France v. Oaudet, L. E. 6 Q. B. 199. 

(m) SchtUze V. G. E. By. Co., 19 Q. B. D. 80. 

(r) Hinde v. Liddell, L. E. 10 Q. B. 265. 

Iw) Baxendale y. L. C. <fc D. By. Co., L. E. 10 Ex. 35. 

(x) Hammond v. Biuaey, 20 Q. B. Div. 79, distinguishing the case 
last cited. 

i2 



116 CARRIAGE OF MERCHANDISE BY RAILWAY. 

they entered into the contract (y). Thus, if the goods 
after their arrival are to be applied to a particular object, 
which is not disclosed to the carrier, damages resulting 
from failure of the object are not recoverable (s). On the 
other hand, if the object for which the goods are to be 
applied is expressly brought to the notice of the carrier, or 
might reasonably have been inferred by him, damages 
resulting from failure of the object may be recovered {a), 

Notioe given. So, in the latter case, damages for loss of profit may 
be recovered (6), or damages caused by a sub-purchaser 
having succeeded in an action for breach of contract (o). 
But the notice to the carrier must be clear and unmistake- 
able ; thus, notice that if the goods do not arrive in time 
they will be thrown on the owner's hands (d), or a general 
knowledge on the part of the carrier that the goods were 
bought for resale (<?), or the fact that the goods have been 
labelled " Travellers' goods — deliver immediately" (/), is 
not such notice to the carrier of the object to which the 
goods are to be applied as to render him liable for failure 
of the object. 

Delaj. It appears that, in the case of carriage by land, damage 

resulting from depreciation of market price owing to delay 
in delivery may be recovered (</), but the authorities on 



(y) Home v. Mid. By, Co,, L. E. 8 C. P. 131. 

(z) EacUey v. Baxendale, 9 Ex. 341; HaUe v. L. & K W. Ry, Co,, 
4 B. & S. 66. 

(a) Simpson v. L, & N, W, By, Co,, 1 Q. B. D. 274. 

(6) Elbinger Adien Oeselhchaft v. Armstrong, L. E. 9 Q. B. 473 ; 
Grihert Borgnis v. Nugent, 15 Q. B. Div. 85 ; Hamilton v. Magill, 
12 L. E. Ir. 186. 

(c) Ibid, 

\i) Horns v. Mid, By, Co,, L. E. 8 0. P. 131. 

\e) Thol V. Henderson, 46 L. T. 483 ; 8 Q. B. D. 457. 

(/) Candy Y, Mid, By. Co., 38 L. T. (N. S.) 226; Jameson v. 
Mid, By. Co,, 60 L. T. 426. 

{g) Wilson v. Lane. & York, By. Co., 9 C. B. N. S. 632 ; Coll^ird 
V. 8. E. By. Co., 7 H. & N. 79 ; but see contra, Le PeirUur v. 8. E, 
By. Co., 2 L. T. (N. S.) 170; Hawe^ v. 8. E. By. Co., 52 L. T. 514. 



RAILWAY companies' LIABILITY AS COMMON CARRIERS. 117 

this point are not eatisf actorj. In the case of carriage by 
sea sach damages are not recoverable (h). 

Where notice of the object for which the goods are Notioeoot 
required is not brought to the notice of the carrier, the 8*^®^- 
plaintiff cannot recover damages resulting to him from the 
failure of a contract with a third person (i), nor profits 
which would have been made by his traveller (k), nor 
hotel expenses incurred while waiting for the goods (/) ; 
but he may recover personal expenses reasonably incurred 
in inquiring for the goods {m). 

Where horses, which a railway company had contracted, FaUure to 
but faUed, to carry, were sent by road and injured, the ^ toTcET' 
measure of damages was held to be the deterioration which 
the horses would have suffered if in ordinary condition, 
and the time and labour expended on the road (n). But 
where a company had failed to provide proper trucks for 
goods as they had contracted to do, and the goods were 
sold, damages were not recoverable, as the goods might 
have been sent another way (o). 

An action to recover goods damaged by the negligence 
of the carrier is founded in contract (p). 



{h) The Parana, 1 P. B. 452; 2 P. Div. 118; The Netting Hill, 
9 P. D. 105; approved in Victorian Bailrvay Commission's v. 
Covltas, 13 App. Gas. 222. 

{%) Home V. Mid. By, Co,, L. E. 8 0. P. 131 ; Thol v. Henderson, 
8 Q. B. D. 457. 

{k) Q. W. By, Co, V. Bedmayne, L. R. 1 0. P. 329. 

\l) Woodger v. O, W. By, Co., L. R. 2 C. P. 318. 

(m) Hales v. L, & N. W, By, Co,, 4 B. & S. 66. 

(n) Waller v. M, G, W, By, Co., 4 L. R. Ir. 376. 

(o) Irvine v. M. G, W, By, Co,, 6 L. R. Ir. 55. 

Ip) Baylis v. Lintoit, L. R. 8 0. P. 345 ; Fleming v. M. 8. <fc L, 
By. Co,, 4 a B. D. 81. 



118 CARRIAGE OF MERCHAKDI8B BY RAILWAY. 



CHAPTER IX. 

THE CARRIERS ACTT AND THE LIMITATION OF THE LIABILITY 

OF CARRIERS PROVIDED THEREBY. 

Origin ol With the increase of personal property, the frequency 
with which articles of great value in small bulk were trans- 
mitted about the country largely increased and began to 
render the liability of a common carrier very dangerous. To 
meet this, carriers posted up and distributed notices to the 
effect that they would not be liable for property of more 
than a specified value, unless the owner had paid an 
additional premium to insure his property. If this notice 
could be brought home to the carrier's employer, it was 
considered as part of the contract of carriage, and he was 
bound by it {a) ; but if the carrier could not show that it 
had been communicated to him it was of no effect to bind 
the employer (b). But notwithstanding that he was pro- 
tected by such a notice, the carrier was still liable in case 
the property was lost by gross negligence on his part (c), 
unless the employer had lulled the carrier's vigilance by 
failing to inform him of the nature of the trust reposed in 
him {d). 



(a) Mayhew v. Eames, 3 B. & 0. 6C1 ; Nicholson v. IFVZZan, 5 
East, 507. 

(6) Kerr v. Willany 6 M. & S. 160. 

(c) Smith V. Borncy 8 Taunt. 144 ; Wyld v. Pick/ord, 8 M. & W. 
443. 

{d) BaUon v. Donovan, 4 B. & A. 21 ; Miles v. CaUle, 6 Bing. 
743. 



THE CAKBTERS ACT — LIMITATI0I9 OF LIABILITY OF CARRIERS. 119 

To settle several difficulties that had arisen in eonse- 
qnence, the Carriers Act, 1830 («), was passed, which applies 
to carriers by land only. 

This Act was passed for the purpose of limiting the 
liability of common carriers for hire in respect of certain 
valuable articles. 

Sect. 1 provides that after the passing of the Act " no Carriers not 

•1 A_ M I T_ • i i 1 liablf for loss 

mail contractor, stage-coach proprietor, or other common of certain 
carrier by land for hire shall be liable for the loss of or S^^^^ 
injury to any article, or articles, or property of the 
descriptions following " (/) . . . . " contained in any 
parcel or package which shall have been delivered either 
to be carried for hire or to accompany the person of any 
passenger in any mail or stage-coach, or other public convey- 
anoe, when the value of such article or articles, or property 
aforesaid, contained in such parcel or package shaU exceed 
the sum of ten pounds, unless at the time of the delivery unless valae 
thereof at the office, warehouse, or receiving house of such declw-ed. 
mail contractor, stage-coach proprietor, or other common 
carrier, or to his, her, or their book-keeper, coachman, or 
other servant, for the purpose of being carried, or of 
accompanying the person of any passenger as aforesaid, 
the value and nature of such article or articles, or property, 
shall have been declared by the person or persons sending 

(e) 1 WiU. IV. c. 68. 

(/) These articles, with notes to them, will be found in alpha- 
betical order below, p. 120. The words of the Act are as 
follows : *' (that is to saj) gold or silver coin of this realm, or 
any foreign State ; or any gold or silver in a manufactured or un- 
manufactured state ; or aoy precious stones, jewellery, watches, 
clocks, or timepieces of any description, trinkets, bills, notes of the 
Governor and Company of the Banks of England, Scotland, and Ire- 
land respectively, or of any other bank in Great Britain or Ireland, 
orders, notes, or securities for payment of money, English or foreign 
stamps, maps, writings, title-deeds, paintings, engravings, pictures, 
gold or silver plate or plated articles, glass, china, silks in a manu- 
factured or unmanufactured state, and whether wrought up or not 
wrought up with other materials, furs, or lace, or any of them," 



rfrrr^-ii-A- 



120 CABRIAGB OF MERCHAKDISB BY BAILWAT. 

or delivering the same, and suoh increased charge as 
hereinafter mentioned, or an engagement to pay the 
same, be accepted by the person receiving such parcel or 
package." 
Inoreased And when any parcel shall be so delivered, and its 

fi^g^i^oe' vftl^® (exceeding 10/.) and contents declared, the carrier 
may demand an increased charge, notice of which must be 
affixed in a conspicuous part of the office, warehouse, or 
other receiving house, stating the increased rate of charge ; 
and by this notice aU persons sending or delivering parcels 
are bound {g). This notice is not a notice that the carrier 
means to avail himself of the Act, but only a notice of 
the extra charge which he cannot demand without the 
notice (A). 
Artidesto The articles to which the Carriers Act applies are as 

applies. follows, and are for convenience arranged alphabetically. 

The text of the Act will be found on p. 119 in the note. 
(1.) Bank notes, whether English, Scotch, or Irish. 
(2.) Bills. 

A document framed like a bill of exchange, pro- 
perly stamped as such, and accepted by the person to 
whom it was directed, but without a drawer's name, 
was held not to be a " biU, order, security for payment 
of money, or writing of any value," the jury having 
f oimd that at the time of delivery to the carrier the 
incomplete bill was of no value (t). Possibly if the 
jury had found that it was of value, being a writing, 
it might have come within the Act (k). 
(3.) China. 
(4.) Clocks. 

(5.) Coins (gold or silver) of this realm or of any 
foreign State. 

{g) Carriers Act (1 Will. lY. c. 68), s. 2, and see p. 131. 

(A) Hart v. Baxendale, 6 Ex. 769. 

(*) atoeseiger v. S, E. By, Co,, 3 E. & B. 649. 

{k) Ibid, per Erie, J. 



THB CARRIEBS ACT — LIMITATION OF LIABILITY OF CAERIBRS. 121 

(6.) Engravings. 

This includes prints and ooloured prints (/). 
(7.) Furs. 

Hat bodies made partly of fur and partly of wool 
are not within the description '^ furs "{m). 
(8.) aiass. 

This includes glass of any kind or size, and looking- 
glasses (n) or smelling-bottles (o). 
(9.) Gold coin. 
(10.) Gold or silver in a manufactured or unmanufactured 

state. 
(11.) Gold or silver plate or plated articles. 
(12.) Jewellery. {See Trinkets (No. 27, post),) 
(13.) Lace. 

This does not include machine-made lace (jd). 
Where a lace corporal in a gilt frame covered with-- 
glass was enclosed in a packing case and sent without 
any declaration under the Carriers Act, it was held 
that the gilt frame was distinct from and not acces- 
sory to the lace, and the packing case accessory to 
both or the frame only, and that therefore the carrier 
was not protected from liability as respected either 
the gilt frame or the packing case (q). 
(14.) Maps. 

The cases of maps have been held accessory to the 
maps themselves, and not separable (r). 
(16.) Money. {See Coin.) 

(16.) Orders, notes, or securities for the payment of 
money. {See under Bills (2).) 

This would include cheques, promissory notes, &c. 



(i) Bays V. Pink, 8 Car. & P. 361. 

(m) Mayhew v. Nelson, 6 Oar. & P. 68. 

(n) Owen v. Burnett, 2 Cr. & M. 353. 

(o) Bernstein v. Baxendale, 6 0. B. N. S. 261. 

Ip) The Caxriers Amendment Act, 1866 (28 & 29 Yict. c 24). 

Iq) Treadwin v. G. E. By. Co., L. E. 3 0. P. 308. 

(r) Wyld V. Fickf<yrd, 8 M. & W. 443. 



122 CARRIAGE OF MBRCHANDISB BT RAILWAY. 

(17.) Paintings. 

This only indudes works of art and of artistio 
value ; not mere patterns or designs. So it does not 
include coloured imitations of rugs and carpets and 
coloured designs, though they may be valuable, being 
designft by skilled persons and painted by hand, if 
they have no value as works of art(«). The word, 
however, includes artists' pencil sketches (t), 

(18.) Pictures. 

A picture and its frame are to be considered as one 
article ; and if a package containing framed pictures 
exceeding 10/. in value be delivered to a carrier with- 
out a declaration, the carrier is protected from liability 
in respect of damage done to the frame as well as to 
the picture (u). 

(19.) Plate or plated articles, whether gold or silver. 

(20.) Precious stones. 

(21.) Securities. {See Orders (16).) 

(22.) Silks in a manufactured or unmanufactured state, 

and whether wrought up or not wrought up with 

other materials. 

This has been held to include silk tights and 

hose {v)j silk watch guards (x), elastic silk webbing, 

composed of silk, indiarubber, and cotton (^), a truss 

of silk (s), and a silk dress {a). In a case decided in 

1841 {b), silk dresses made up for wearing were held 

not to come within this description ; but this case must 

be considered as overruled. But Beepoaty p. 131. 

(23.) Silver. {See Gold.) 



8) Woodrvard v. L. & N, W. By, Co,, 3 Ex. B. 121. 

t) Mytton V. Mid. By, Co,, 28 L. J. 385. 

u) Henderson v. L, & N, W. By. Co., L. E. 5 Ex. 90. 

v) Hart V. Baxendale, 6 Ex. 769. 

x) Bernstein v. Baxendale, 6 C. B. N. S. 261. 

y) Brunt v. Mid, By, Co., 2 H. & C. 889. 

z) Butty. G. W. By. Co,, U C. B. 140. 

a) Flowers v. S, E. By. Co,, 16 L. T. (N. S.) 329, decided 1867. 

h) Davey y. Mason, Oar. & Marsh. 445. 



THE CAKRIBRS ACT — ^LIBOTATION OF LIABILTTT OF CARRIBB8. 123 

(24.) StampBy English or foreign. 

(25.) Timepieoes of any desoription. 

This indudes a ship's chronometer (c). 

(26.) Title deeds. 

(27.) Trinkets. 

It has been held under this head that ivory, and 
agate bracelets, shirt pins, common gilt rings, brooches, 
tortoiBeshell and pearl portmonnaies, and glass smell- 
ing bottles were trinkets, but not Ghennan silver fusee 
boxes (fl?). An eyeglass and gold chain have been 
held not to be trinkets, but this must be considered to 
have been overruled by the case last referred to (e). 

It seems that to be "trinkets" articles must be 
used merely as ornaments, and if ornament and utility 
be combined the ornamental purpose must predomi- 
nate (/). 

(28.) Watches. {See Timepieces (25).) 

(29.) Writings. {See under Bilk (2).) 

It is observable that the Carriers Act applies only to a Extent of the 
common carrier by land for hire, but if the contract be to 
carry partly by land and partly by sea, the contract is 
divisible, and the protection of the Act applies to the land 
journey (^). Formal notice by the consignor of the nature 
of the goods is not necessary, if the nature of the goods is 
actually brought to the notice of the carrier, so as to 
enable him to fix the extra charge which he is authorized 
to make (A). When the Act has been complied with, and 
the nature and value of the articles has been declared, the 
common law liability of the carrier revives, even though 
he demand no extra charge {%). 

(c) Le Contmr v. L, <fc 8. W. By. Co,, L. E. 1 Q. B. 64. 
{d) Bernstein v. Baxendale, 6 C. B. N. S. 251. 
(«) Davey y. Mdson, Car. & Marsh. 45. 
(/) Bernstein y. Baxendale, ubi supra, 

Ig) Le Conteur v. Z. <fc 8, W. By. Co,, L. E. 1 Q. B. 54 ; 6 B. & 
S. 961 ; Mitten y. Brasch, 8 Q. B. D. 35 ; 10 Q. B. Diy. 142. 
(A) Bradbury y. 8utton, 19 W. E. 800; 21 W. E. 128. 
(i) Behrena v. G. N. By, Co., 6 H. & N. 366 ; 7 H. & N. 950. 



124 



CARRIAGE OF MERCHANDISE BY RAILWAY. 



Non-compli- 
ance witli 
Act. 



When no 
protection. 



"Parcel or 
package." 



Where the goods are within the description of those 
mentioned in the Act, and the nature and value is not 
declared, the protection afforded to the carrier in case of 
loss or injury to the goods seems absolute. It extends 
either to a temporary or permanent loss of the goods, and 
damages cannot be recovered in either case(A^). Nor is the 
carrier liable even if the loss is caused by gross negligence 
on the part of his servants (/). He is not liable if the 
goods are put out of the train short of their destination, 
or carried beyond it, or sent on a wrong journey alto- 
gether {m)y or even if the goods are by mistake delivered to 
the wrong person altogether (n). 

Where, however, there is no loss or injury to the goods, 
the carrier is not protected against the consequences of 
delay in delivering the goods (o), nor is he protected if he 
deliver them to a person whom he knows not to be the 
consignee (jo). 

If the goods come within the description contained in 
the Act, the declaration as to their nature and value must 
be made, whether they are delivered to 4:he carrier at his 
office or elsewhere. The result of such a declaration is 
that if the extra charge be paid, and the goods lost, the 
carrier will be liable ; or, on the other hand, if he refuses 
to give a receipt, he will lose the benefit of the statute. 
But in no case can the sender recover until he has taken 
the initial step and made the declaration (q). 

The preamble to the Act recites, "Whereas by reason of 
the frequent practice of bankers and others of sending by 

{k) Millen v. Broach, 10 a B. Div. 142 ; Wallace v. Dublin & 
Belfast By. Co,, 8 Ir. E. 0. L. 341. 

{I) HinUm v. Dibhin, 2 a B. 646. 

(m) Morritt v. N. E. By. Co., 1 Q. B. D. 302. 

(n) Ibid. p. 308. 

(o) Ream v. L. & 8. W. By. Co., 10 Ex. 793; and of. Piandam 
V. L. & 8. W. By. Co., 18 0. B. 226. 

{p) MorriU v. N. E. By. Co., 1 Q. B. D. 308; and see below, 
pp. 141, 143. 

(g) Hart v. Baxendale, 6 Ex. 769; Pianciani v. L. & 8. W. By. 
Co., 18 0. B. 226. 



THE CABBIEBS ACT — LIMITATION OF LIABILITY OF CARRIERS. 125 

the publio mails, stage ooaohes, waggons, vans, and other 
publio oonvejanoes by land for hire, parcels and packages 
containing money, bills, notes, jewellery, and other articles 
of great value in small compass," &c. ; but these words do 
not limit the application of the Act to articles of small 
size, if they come within the description mentioned in the 
Act (r). And a waggon containing articles of the kind 
mentioned, but open at the top so that the carrier could 
see the articles, has been held to be a parcel or package 
within the Act («). The question whether the articles in 
question are or are not within the description contained in 
the Act is a question of fact (f). 

On the increased charge being paid, or an agreement to Beoeipt. 
pay the same accepted, the carrier must, if required, give a 
receipt for the parcel, acknowledging it to have been insured, 
and this receipt is not liable to stamp duty. Should the Tentlty. 
carrier fail to give such receipt when required, or to affix the 
notice above mentioned in his office, he is to lose all ad- 
vantage under the Carriers Act, and be liable as at common 
law(«). 

The publication of any notice or declaration by a Noticenot to 
carrier, however, since the passing of the Carriers Act, is ' ^' 

not to limit the liability of the carrier in respect of any 
goods, except those to which the Act applies (v) ; but the Special 
Act does not affect special contracts entered into between ^^ 
the carrier and other parties {x) ; while, at the same time, 
the existence of a special contract does not prevent the 
carrier from taking the benefit of the Carriers Act, unless 
there is something in the special contract inconsistent with 
the goods having been received by the carrier as a common 

(r) Owen v. Burnett, 2 Cr. & M. 363. 
(«) Whaite v. Lane, ds Twh, By. Co,, L. E. 9 Ex. 67. 
\t) Woodvoard v. L, & N. W. By. Co., 3 Ex. D. 121 ; Brunt v. 
Mid. By. Co,, 2 H. & C. 889. 
(w) Carriers Act (1 WiU. IV. c. 68), s. 3. 
{v) Ibid. B. 4. 
{x) Ibid. 8. 6. 



126 CARRIAGE OF MERCHANDISE BT RAILWAY. 

oairier (y) . Apart from sect. 7 of the TraflSo Act of 1854 (z) , 
in order to constitute a special contract, it need not neces- 
sarily be signed by the parties : thus, a ticket with printed 
conditions which have been brought to the notice of the 
consignor has been held to be a special contract and not a 
public notice (a). 

Thus, a contract may be inferred from notice by the 
carrier to his customer, and the customer haying subse- 
quently sent goods to be carried without objecting to the 
terms of the notice {b). 
Special A great number of contracts are made by the delivery 

Mflc^.ract, ow ^^ ^^^ ^^ ^^^ contracting parties to the other of a docu- 
ment in a common form stating the terms upon which the 
person delivering it will enter into the proposed contract. 
8uch a form constitutes the offer of the person tendering 
it, and if it be accepted without objection by the person to 
whom it is tendered, this person is, as a general rule, bound 
by its contents, and his £U3t amounts to an acceptance of 
the offer, whether he reads the document or otherwise 
informs himself of its contents or not (c). 

To this genertd rule there are several exceptions which 
have been grouped under the following heads : — 

(1.) From the nature of the transaction the person 
accepting the document may reasonably suppose 
that the document contains no terms at all (d). 
(2.) In the case of fraud, as if the conditions were 
printed in such a manner as to mislead the person 
accepting the document. 
(3.) If, without being fraudulent, the document is mis- 

(y) Baxendale v. G. E. By. Co,, L. E. 2 Q. B. 244. 

(z) See j>o«^, p. 132. 

(a) G. N. By. Co. v. MorvilU, 21 L. J. Q. B. 319 ; Walker v. 
York. & N. M. By. Co., 2 E. & B. 750 ; York. N. & B. By. Co. v. 
Crisp, 14 C. B. 627. 

(5) Walker v. York. & N. M. By. Co., 2 E. & B. 760. 

(c) Watkina v. Bymill, 10 Q. B. D. 178, 188, per Stephen, J. 

(d) Parker v. 8. E. By. Co., 2 0. P. D. 416. 



THE CARRIERS ACT — ^LIMITATION OF LIABILITT OF CARRIERS. 127 

leading and actaallj misleads the person to whom 
it is presented (&). 
(4.) The conditions may be nnreasonable in themselves or 
irrelevant to the main purpose of the contract. As 
if a ticket given to a person depositing luggage in 
a cloak room provided that the luggage, if not 
removed within two days, should become the 
absolute property of the company (/). 
Further, any office used by the carrier is to be deemed Offloo. 
to be his receiving house, warehouse, or office {g). So an 
inn, where the carrier was in the habit of receiving parcels, 
has been held to be his office, warehouse, or receiving 
house within the meaning of the Act (A). And any one 
man contractor, stage coach proprietor, or carrier, is to be 
liable to be sued for injury or damage to the goods, and 
the action not to abate for want of parties (i). 

Where the Act has been complied with, and the in- Damagpes f or 
creased charges paid in respect of any parcel, and loss or ^' "*J"y« 
damage ensues, the party entitled to recover damages in 
respect of such loss or damage may also recover back the 
increased charge so paid in addition to the value of the 
parcel {k). 

In case of loss or injury to a parcel containing goods 
which come within the Act, the declared value is not con- 
clusive as to the value of the parcel, but the carrier is 
entitled to require from the party suing proof of the 
actual value of its contents by ordinary legal evidence, and 
is liable to such damages only as may be proved, not 

(«) Henderson y. Stevenson^ L. B. 2 H. L. Sc. 470. 

(/) See Parker v. 8. E. By, Co., 2 C. P. D. 416 ; but there seems 
to be no absolute decision on this point. Watkins y. £ymiU, 10 
Q. B. D. 189. 

(g) Carriers Act (1 Will. IV. c. 68), s. 6. 

(A) Syma v. Chaplin, 5 A. & B. 634 ; Stephens v. L. & S. W. By. 
Co., 18 Q. B. Div. 121. 

(0 Carriers Act (1 Will. IV. c. 68), s. 6. 

{k) Ibid. B. 7. 



128 GARRIA6B OF MERCHANDISE BT RAILWAT. 

exceeding the declared value, together with the increased 
charges as above stated (/). It seems that the ^' value " of 
the goods for the purpose of the Act is that which the 
consignee has agreed to pay, and not that at which they 
were bought by the consignor (m). In such actions the 
carrier may pay money into Court in the same manner 
and with the same effect as in other actions (n). And 
where the Carriers Act is relied on it need not be specially 
pleaded (o). 
wafulmia- The protection afforded by the Cajriers Act does not 
feioiiy° cover acts of wilful misconduct on the part of the carrier 

or his servants, and sect. 8 provides that " Nothing in this 
Act shall be deemed to protect any mail contractor, stage 
coach proprietor, or other common carrier for hire, from 
liability to answer for loss or injury to any goods or 
articles whatsoever arising from the felonious acts of any 
coachman, guard, book-keeper, porter, or other servant in 
his or their employ, nor to protect any such coachman, 
guard, book-keeper or other servant from liability for any 
loss or injury occasioned by his or their own personal 
neglect or misconduct." So if, in reply to a defence 
under the Carriers Act, felony is set up, the question of 
negligence is immaterial (p). And the plaintiff need not 
show such evidence of felony as would be necessary to 
convict a particular servant, provided he makes out a 
primd facie case that the goods were stolen by the servants 
of the carrier {q). And a statement by a station-master to 
a policeman that the parcel is missing, and that a servant, 
to whom it would in the ordinary course have been 

(Q Carriers Act (1 Will. IV. c. 68), s. 9. 

(m) Blankenaee v. L. & N. W. By, Co., 46 L. T. 761. 

(n) Carriers Act (1 Will. IV. o. 68), s. 10. 

(o) Ibid, 8. 11. 

Ip) 0. W, Ry. Co, V. Rimdly 18 C. B. 676 ; Mekalfe v. Z. <fc B. 
By. Co.y 4 C. B. N. S. 307. 

(j) VaughUm v. L, & N. W. By. Co., L. B. 9 Ex. 93; M* Queen r. 
G. W. By. Co., L. B. 10 Q. B. 669. 



THE GARBIBRS ACT — ^LIMITATION OF LIABILITY OF CARBIBRS. 129 

delivered, has absconded, with a request to the polioe to 
make inquiries for him, has been admitted as evidence to 
prove the felony (r). So it was considered that a primd 
facie case had been made where the goods had been traced 
to the possession of a servant, who had dealt with them as 
his own, and his possession of them was not accounted 
for(«). 

On the other hand, it is not sufficient, in order to make Eyidenoe held 
out Sk primd facie case of felony by the carrier's servants, to ^ " ^^ ' 
show merely that the goods have been lost or tampered 
with (^), or that the goods were last seen in the possession 
of the carrier's servant in the ordinary performance of his 
duty (u), or that the carrier's servants had greater facilities 
of access to the goods than other persons (r). 

A servant of the carrier's agent for delivery is a servant Who is a 
of the carrier within the meaning of the section (x) ; but if 
a person fraudulently represents himself to a clerk of the 
carrier to be the servant of the carrier, the carrier is not 
estopped from showing that he is not in fact his servant (y). 

The provisions of the Carriers Act are now somewhat 
out of date, and have from time to time caused dissatisfac- 
tion. In particular, it will be observed that there is no 
restriction whatever placed upon the additional charge 
which the carrier may make for insuring goods which 
come within the Act. 

The subject of the Carriers Act was considered by a 
House of Commons' committee which was appointed in 

(r) Kirhstdll Brewery Co. v. Fumesa By, Co., L. E. 9 Q. B. 468. 

{a) Boyce v. Chapman, 2 Bing. N. C. 222 ; and see Vaughton v. 
L. A N. W. By. Co., L. E. 9 Ex. 93. 

(«) Metcalfe v. L. <fc B. By. Co., 4 C. B. N. S. 307 ; O. W. By. Co. 
V. BvmtU, 18 0. B. 676. 

(tt) Gogarty v. O. 8. & W. By. Co., I. E. 9 C. L. 233. 

(v) M* Queen v. O. W. By. Co., L. E. 10 Q. B. 669 ; Turner v. 
0. W. By. Co., 34 L. T. (N. S.) 22. 

(«) Machu V. L. & 8. W. By. Co., 2 Ex. 415; Stephens v. L. & 8. 
W. By. Co., 18 Q. B. Div. 121. 

(y) Way V. G. E. By. Co., 1 Q. B. D. 693. 

D. K 



180 



CARRIAGE OF XERCHAXDISE BT RAILWAY. 



1875, and reported in 1877, lecommendnig that the 
nummmn rate of insurance ought to he fixed hy law, and 
the eighth section of the Carriers Act repealed. But 
seyeral railwaj companies (z) proposed to the conunittee 
to bind themselves for a period of five years to insure all 
goods within the Act upon the terms set oat in the 
schedule to the report, and not to alter those terms or 
conditions without giving to the President of the Board of 
Trade, and, as far as might he, to the public, notice of 
their intention to make such a change. 

The schedule to the report is substantiallj as follows : — 



BaU$ /or the Insurance of valuable Parcels and Goods forwarded iy 

Passenger or Goods Train, 

Until further notice, all the railway companies will charge the 
following redaced rates for insorance over and above the common 
and ordinary rate of charge for carriage for parcels and packages 
of any of the goods enumerated in the under-mentioned dasaifica- 
tion of articles included in an Act of Parliament commonly called 

the Carriers Act. 

10. Jewellery from or to manu- 
facturers or factors. 

11. Watches. 

12. €k>ld and silver plate. 

13. Hand-made lace. 

14. £ngravings. 

15. Trinkets. 

16. Bank notes. 

17. Title deeds. 

18. Writings. 

19. Bills of exchange. 

20. Orders, notes, or securities 
for payment of money, 
English or foreign. 



Class \. 

\: Stamps. 

2. Maps. 

3. Bilks, or goods mixed with 
silk, where silk is more than 
30 per cent, of the value. 

4. Furs. 
6. Clocks. 

6. Timepieces. 

7. Plated articles. 

8. Coins, gold and silver. 

9. Gold and silver, manufac- 
tured or unmanufactured. 



(«) The L. & N. W. By. Co., Mid. By. Co., G. W. By. Co., 
G. N. By. Co., G. E. By. Co., N. E. By. Co., S. B. By. Co., 
L. B. & 8. 0. By. Co., L. & 8. W. By. Co., M. 8. & L. By. Co., 
Lane. & York. By. Co., Fumess By. Co., Caledonian By. Co., 
N. B. By. Co., North British By. Co., N. 8. By. Co., L. C. & D. 
By. Co., 8. Devon & Cornwall By. Co., B. & E. By. Co., Taff Vale 
By. Co., Glasgow & 8. W. By. Co. 



THE CARRISBS ACT — LIMITATION OF LIABILTTT OP CARRIEBS. 



131 



Class 2. 

1. Glass of all kinds, except as 
named in Class 4. 

2. China from manufacturers 
or factors. 

3. Precious stones, set or unset. 

4. Jewellery not from or to 
manufacturers or factors. 

Class 3. 
1. Pictures and paintings. 



Class 4. 

1. Plate glass in plates exceed- 
ing 36 ft. superficial in size 
out. 

2. Glass (stained). 

3. Glass (silvered). 

4. Glass (bent). 

6. China, other than from 
manufacturers or factors. 



[N.B. — ^In mixed silk goods, where there is less than 30 per cent, 
of silk, the exemption of the Carriers Act is not to be pleaded at 
all, but all such goods are to be carried at the carrier's risk.] 



ICAzmrv 


1 


Between Stationa in Great 




Between Stations in 
Great Britain and Ports in Irdaad 


CnABoi 
















and the BritiBh lalee. 


for— 












1 










1 










CL 


I. 


a. 


n. 


a.iiL 


a. IV. 


a. 


I. 


CLn. 


01. ITT. 


CLIV. 


Lbs. 


». 


d. 


8. 


d. 


8. 


d. 


8. 


d. 


8. 


d. 


8, 


d. 


8, 


d. 


«. d. 


25 or less . . 





3 





6 


1 


3 


2 


6 





9 


1 


6 


3 


9 


7 6 


26 to 50 ... . 





6 


1 





2 


6 


6 





1 


6 


3 





7 


6 


16 


61 — 75 .... 





9 


1 


6 


3 


9 


7 


6 


2 


3 


4 


6 


11 


3 


22 6 


76—100 .... 


1 





2 





6 





10 





8 





6 





16 





30 


101—126 .... 


1 


3 


2 


6 


6 


3 


12 


6 


3 


9 


7 


6 


18 


9 


37 6 


126—150 .... 


1 


6 


3 





7 


6 


16 





4 


6 


9 





22 


6 


46 


161—176 .... 


1 


9 


3 


6 


8 


9 


17 


6 


6 


8 


10 


6 


26 


3 


62 6 


176—200 .... 


2 





4 





10 





20 





6 





12 





30 





60 


201—226 .... 


2 


3 


4 


6 


11 


3 


22 


6 


6 


9 


13 


6 


33 


9 


67 6 


226—260 .... 


2 


6 


6 





12 


6 


26 





7 


6 


16 





37 


6 


75 


261—276 .... 


2 


9 


6 


6 


13 


9 


27 


6 


8 


3 


16 


6 


41 


3 


82 6 


276—300 .... 


3 





6 





16 





30 





9 





18 





45 





90 


801—326 .... 


3 


3 


6 


6 


16 


3 


32 


6 


9 


9 


19 


6 


48 


9 


97 6 


326 350 ... . 


3 


6 


7 





17 


6 


36 





10 


6 


21 





62 


6 


105 


861—375 .... 


3 


9 


7 


6 


18 


9 


37 


6 


11 


8 


22 


6 


66 


3 


112 6 


376—400 .... 


4 





8 





20 





40 





12 





24 





60 





120 


401—426 .... 


4 


3 


8 


6 


21 


3 


42 


6 


12 


9 


25 


6 


63 


9 


127 6 


426—460 .... 


4 


6 


9 





22 


6 


46 





13 


6 


27 





67 


6 


136 


461-^76.... 


4 


9 


9 


6 


23 


9 


47 


6 


14 


3 


28 


6 


71 


3 


142 6 


476—600 .... 


6 





10 





26 





60 





16 





30 





76 





160 



The above charges apply irrespective of distance. 

The above classification scale of charges and following conditions 
apply whether the articles be conveyed by goods or passenger train, 
but parcels up to and including 28 lbs. in weight are to be insured 
only when sent by passenger train. 

k2 



182 CARRIAGE OF MERCHANDISE BT RAILWAY. 



CHAPTER X. 

SPECIAL CONTRACTS AND SECnON 7 OP THE RAILWAY AND 

CANAL TRAFFIC ACT, 1864. 

We have seen that under the Carriers Act, while the 
earner was precluded from limiting his liability in regard 
to goods which did not come within that Act by general 
notices, his power to enter with the consignor into a special 
contract with regard to the carriage of the goods was 
expressly retained (a). After the establishment of railway 
companies it was soon found that they possessed a practical 
monopoly on their respective lines, and were able to insist 
upon special contracts, not merely limiting their liability, 
but freeing themselves from responsibility, even for gross 
negligence. This conduct gave rise to genertd dissatisfac- 
tion, and also caused much litigation (b). To meet this, 
sect. 7 of the Railway and Canal Traffic Act was passed. 
The section provides : — 

<< Every such company as aforesaid shall be liable for the 
loss of or for any injury done to any horses, cattle, or other 
animals, or to any articles, goods, or things in the receiving, 
forwarding, or delivering thereof, occasioned by the neglect 
or default of such company or its servants, notwithstanding 
any notice, condition, or declaiation made and given by 
such company contrary thereto, or in anywise liTniting 



(a) See anUt p. 125. 

(b) See Carr v. Lane, & York, By, Co,^ 7 Ex. 707 ; Walker v. 
r. & N. M. By, Co., 2 E. & B. 750 ; PardingUm v. 8. Wales By, Co., 
1 H. & N. 392. 



SPECIAL OONTRAGTS. 133 

such liability ; every such notice, conditio^, or declaration 

being hereby declared to be null and void : provided (l) Oonditioii 

always, that nothing herein contained shall be construed able. 

to prevent the said companies from making such conditions 

"with respect to the receiving, forwarding, and delivering 

of any of the said animals, articles, goods, or things as 

shall be adjudged by the Court or judge before whom any 

question relating thereto shall be tried, to be just and 

reasonable : "provided always, that no greater damages (2) Liability 

shall be recovered for the loss of, or for any injury done certain 



to any of such animals, beyond the sums hereinafter men- ^^^^J*^^® 

tioned ; (that is to say) for any horse, fifty pounds ; for 

any neat cattle, per head, fifteen pounds ; for any sheep, 

or pigs, per head, two pounds ; unless the person sending or 

delivering the same to such company shall, at the time of 

such delivery, have declared them to be respectively of higher 

value than as above mentioned ; in which case it shall be 

lawful for such company to demand and receive, by way 

of compensation for the increased risk and care thereby 

occasioned, a reasonable percentage upon the excess of 

value so declared above the respective sums so limited as 

aforesaid, and which shaU be paid in addition to the 

ordinary rate of charge ; and such percentage or increased 

rate of charge shall be notified in the manner prescribed 

in the statute eleventh George Fourth and first William 

Fourth, chapter sixty-eight, and shall be binding upon 

such company in the manner therein mentioned : pro- (3) Proof of 

vided also, that the proof of the value of such animals, ^a^wlt. 

articles, goods, and things, and the amount of the injury 

done thereto, shall in all cases lie upon the person claiming 

compensation for such loss or injuryj^ provided also, that W Contract 

no special contract between such company and any other **^ 

parties respecting the receiving, forwarding, or delivering 

of any animals, articles, goods, or things as aforesaid shall 

be binding upon or affect any such party imless the same 

be signed by him or by the person delivering such animals, 

articles, goods, or things respectively for carriage: pro- 



134 GABRIAGE OF MERCHANDISB B7 RAILWAY. 

rj) SaYingof vided also, that nothing herein contained shall alter or 
aSeot the rights, privileges, or liahilities of any such com- 
pany under the said Act of the eleventh Q-eorge Fourth 
and first William Fourth, chapter sixty-eight, with respect 
to articles of the descriptions mentioned in the said Act." 

Extent of This section only applies to the receiving, forwarding, 

"^ ^^' or delivering of traffic by a railway company; conse- 

quently, it does not apply to a condition exempting the 
company from liability on a railway not belonging to or 
worked by the company, and if a company issue a ticket 
containing such a condition and amounting to a special 
contract, they will be protected in the case of loss not 
occurring on their own line{c); but in such a case the onus 
of proof is on the railway company to show that they have 
delivered the traffic out of their own custody (d). We have 
already discussed what, apart from this section, constitutes 
a special contract (&). 

Waiehonsmg. Nor does the section apply where the railway company 
are acting in a different capacity, for instance, as ware- 
housemen (/). 

Traffio bj sea. Since the passing of the Bailways Clauses Act of 1863(^), 
where a railway company are authorized to use or employ 
steam vessels, the Railway and Canal Traffic Act, 1854, is 
made applicable to such steam vessels and to the traffic 
carried thereby (A). Consequently this section is incor- 
porated, and to protect themselves in such a case by 
special conditions, a railway company must comply with 
the requirements of this section (i). 

yjjoaBor The words "loss or injury" are the same as in the 



injury " 



(c) Zunz V. 5. E. Ry. Co., L. E. 4 Q. B. 639. 

\d) Kent v. Mid, By. Co., L. E. 10 Q. B. 1. 

(e) See ante, pp. 125, 126. 

(/) Van Toll v. 8. E. By. Co., 31 L. J. 0. P. 241. 

(}) 26 & 27 Vict. c. 92. 

{h) Ibid. 8. 31. 

(t) Doolan v. Mid. By. Co., 2 App. Gas. 792. 



SPECIAL CONTRACTS. 135 

Carriers Act, and would probably be held to have the 
same meaning {ani€y p. 124). They have, however, in 
one case, been assumed to apply to injury caused by loss 
of market arising from delay {j). 

It is important to notice, however, that the words of "Neffleotor 
the Act are " loss or injury *' occasioned by the " neglect 
or default" of the company, and on one occasion the 
majority of the Court of Exchequer Chamber, differing 
thereon from the Court below, seem to have considered 
that where there was no misconduct on the part of the 
company, and the loss or injury arose from pure accident, 
the section had no application (k). If that be so, it would 
seem that where the loss or injury was due to pure acci- 
dent, the railway company might be protected by special 
contract, though not reasonable, or in writing, or signed 
by the owner or consignor; but the point is still im- 
decided. 

The fact that horses, cattle, sheep, and pigs are specifi- 
cally mentioned in the second proviso does not prevent the 
section applying to other animals. Thus it extends to 
dogs (/). Also it applies to passengers' luggage, whether 
carried in the van or taken with the passenger (m). 

This section has caused considerable difference of judicial 
opinion, and given rise to much litigation. The section 
appears in the Traffic Act of 1854 (n), but (except that it 
relates to the carriage of goods) has no reference to the 
other sections of that Act, which deal with the jurisdiction 
of the Court of Common Pleas over cases of undue pre- 

(y) Finlay y. N, Brit Ry. Co,^ 8 Ot. Sees. Gas. 959, a decision in 
favour of the railway company. 

{k) Harrison v. X. B. & 8. C, By. Co., 2 B. & S. 122. 

(0 Dickson v. G. N. By. Co., 18 Q. B. Div. 176 ; Ashendon v. 
L. B. <k 8. C. By. Co., 5 Ex. D. 190; Harrison v. L. B. <fc 8. 0, 
By. Co., 2 B. ft S. 122. 

{m) Bunch v. O. W. By. Co., 13 App. Gas. 31 ; 17 Q. B. Div. 215; 
Co?ien y. 8. E. By. Co., 2 Ex. Div. 253, overruling Stewart v. L. <fc 
N. W. By. Co., 3 H. & 0. 135. 

{n) 17 & 18 Vict. c. 31. 



136 CARRIAGE OF MERCHANDISE BY RAILWAY. 

ferenoe shown by railway oompanies, the affording of 
reasonable facilities, and the like. It will be observed 
that the section consists of an enactment followed by five 
provisoes, and it was not until the question had been 
raised in the Exchequer Chamber no less than four 
times (n) that it was finally decided that all parts of the 
section were to be read together, and that the conditions 
which a railway company can impose must not only be 
just and reasonable, but must be embodied in a special 
contract in writing, signed by the owner or sender of the 
goods. 
Feeh v. N, This WM decided in Peek v. N, Staffordshire Ry. Co. (o), 

By, Co. *^^ which may be considered the leading case on this section. 

The facts were as follows: — The owner of some marble 
chimney-pieces desired to send them to London. Messages 
and notes passed between him and the agent of the railway 
company as to the terms on which they were to be carried. 
The agent stated that the company would not be responsible 
for damage to the goods, unless their value were declared, 
and they were insured ; the rate of insurance being 10 per 
cent, on the declared value. Ultimately the agent received 
a note signed by the plaintiff's agent, requesting that the 
marbles might be sent " not insured" ; they were sent and 
suffered damage. The House of Lords held, after hearing 
an elaborate argument by the judges, that there was no 
contract Bigned by the parties within the meaning of the 
section ; that the note could not be so connected with the 
other communications as to constitute the required contract; 
and that, the parties being left to their rights and liabilities 
at common law, the plaintiff was entitled to recover. 

In order, therefore, that a railway company may limit 
its liability in case of loss of or injury to goods carried by 

(n) McManus v. Lane, <Ss York, By, Co,, 4 H. & N. 827 ; Peek v. 
N. 8, By, Co., Ell. Bl. & Ell. 958 ; Harrison v. L. <k B, By, Co., 2 
B. & S. 122, 162 ; Beal v. 8. D, By, Co., 6 H. & N. 875 ; 3 H. & C. 
337. 

(o) 10 H. L. 0. 473. 



SPECIAL CONTRACTS. 137 

it by means of a special contract, the contract must comply 
with three conditions: — 

(1.) It must be reasonable. 

(2.) It must be in writing. 

(3.) It must be signed by the party to be bound by the 
contract, or the person deliyering the goods to the 
company. 

If a railway company set up a condition in a special ^U?®***^" 
contract to qualify or restrict their conmion law liability, q^^ 
the onus of showing that it is a reasonable condition rests 
upon the railway company who allege it (p) . The question 
of what is a reasonable condition is, generally, a question 
of mixed law and fact {q)y and must be decided upon the 
oiroumstances of each case (r). But, generally speaking, a 
condition limiting the railway company's liability is reason- 
able if it is accompanied by compensating advantages to 
the customer, such as cheapness and the like, and the 
customer has the altematiye of getting rid of the con- 
dition on reasonable terms («). 

The 7th section of the Traffic Act of 1854, however, AltemAtlTe 
does not authorize a company to charge more than their ^ ' 
maximum, except in the cases specifically mentioned. 
Where, therefore, two rates are ofPered, a higher one at 
company's risk, and a lower one at owner's risk, the higher 
rate must be within the maximum (t). 

In the case, however, of the animals specifically mentioned, 
that is, horses declared to be of greater value than 50/., 



{p) Peek V. N. Staff. By. Co., 10 H. L. 0. 473 ; Dickson v. G. N. 
By. Co., 18 Q. B. Div. 176, per Lord Esher ; and bbq M. 8..d: L. 
By. Co. V. Brown, 8 App. Gas. 473, per Lord Watson. 

(j) Ltduon V. Q. N. By. Co., 18 Q. B. Div. 176, per Esher, 
M.B. 

(r) Gregory v. West Mid. By. Co., 2 H. & 0. 944 ; JIf. 5. <fc Z. 
By. Co. V. Brown, 8 App. Gas. 473. 

(«) M. 8. <k L. By. Co, v. Brown, 8 App. Gas. 703. 

(«) Peek V. N. Staff. By, Co., 10 H. L. Gas. 473, per Gookbum, 
0. J. 



138 



CARBIAOE OF MERCHANDISE BT RAILWAY. 



Declaration 
as to valae. 



Beasonable. 



cattle of greater value than 15/., and sheep or pigs of greater 
value than 21. y the company may charge a reasonable 
percentage upon the excess of the value so declared above 
the respective sums so limited, which may be in addition 
to the maximum (u). In the case of such animals, 
however, below the value mentioned, and all other kinds 
of animals, the company's risk rate must be below the 
maximum. 

In order to entitle the company to a charge in excess of 
their maximum, the declaration that the animal is worth 
more than stated in the Act must have been actually made, 
and the knowledge of the company as to the value of an 
animal, not derived from a declaration to that effect, will 
not enable them to charge an increased rate under the 
section (t?), and the declaration must have been made by 
the sender that it should operate so as to enable the 
company to charge the higher rate (w). 

But if a consignor of horses make a declaration that his 
horses are not worth more than 10/. each, and they are 
injured on the way, he is estopped from denying the truth 
of his declaration (x). 

The following conditions have been held to be just and 
reasonable : — 

That the company should carry traflBc at " owners' risk 
for a rate lower than the ordinary rate, a reasonable 
alternative rate being offered at which they would carry 
as insurers" (y). 

That the company should not be responsible under any 
circumstances for loss of market or other loss or injury 
arising from delay or detention of train, exposure to weather, 



(m) Peek V N. Staff. By. Co., 10 H. L. Cae. 473. 
(v) Bobinsan v. X. & 8. W. By. Co., 34 L. J. 0. P. 234. 
(w) Ibid, 

(x) McCance v. L. & N. W. By. Co., 3 H. & 0. 343. 
(y) Lewis v. G. W. By. Co., 3 Q. B. Div. 195; M. S. & L. By. 
Co, V. Brown, 8 App*. Cas. 703. 



SPECIAL 00MTRACT8. 139 

stowage, or from any cause whatever other than gross 
neglect or fraud (s). 

That claims for damage should be made within seyen 
days (a) ; but whether this would be held reasonable in the 
case of animals has been doubted in an Irish case (6). 

Where the company carry luggage for ordinary passen- 
gers free of charge, a condition that luggage carried for 
passengers who are charged less than the ordinary rate is 
reasonable (c). 

On the other hand, the following haye been held to be UnreaBonable 
tmreasonable conditions, and therefore void : — oonditioiia. 

That the company would not be responsible for damage 
to marbles sent by railway unless their value were declared 
and an insurance premium of 10 per cent, on the declared 
value paid (d). 

That the company would not receive dogs for convey- 
ance except upon the terms that they should not be respon- 
sible for loss or damage to the dogs beyond 2/., unless a 
percentage of 5 per cent, were paid on the declared excess 
of value beyond 2/. ; the rate for insurwce being con- 
sidered too high {e). 

" That the company would not in any case be liable for 
loss or damage to a horse or other animal above the value 
of 40/., or any dog above the value of 5/., unless a declara- 
tion of its value, signed by the owner or his agent at the 
time of booking, shall have been given to them " (/) ; but 



(z) Beat V. South Devon By. Co,, 3 H. & C. 337 ; Lord v. Mid, 
By. Co,, L. B. 2 0. P. 339. 

(a) Leufia v. G. W. By, Co,, 5 H. & N. 867. 

(6) Mo(yre v. C. N, By, Co,, 10 L. B. Ir. 95. 

(c) BwTMey v. N. E. By. Co., 14 0. B. N. S. 641. 

\d) Peek v. N. Staff. By. Co., 10 H. L. 0. 574. 

(e) Dickson v. G. N. By. Co., 18 a B. Div. 176. Koie.— It is 
obyiotiB that in both this case and the one last mentioned the rate 
required by the railway company might easily have exceeded their 
TnaTTiTTinTn , which this section gives the companies no power to do. 

(/) Aihendon v. L. B. A S, C. By. Co., 6 Ex. D. 190. So far as 



"■'■■■■fln 



140 CARRIAGE OF MERCHANDISE BT RAILWAY. 

Unreasonable it appears that if the company had merely limited their 

common law liability by stipulating that they should not 
be liable for loss resulting from mere accident, without 
neglect or default on their part, the condition would have 
been reasonable and valid {g). 

That the ^'company would not be amenable for any 
consequences arising from detention or delay in or relative 
to the conveying or delivery of the said animals however 
caused" (A). 

That the owner should '^ underta.ke all risk of loading, 
unloading, and carriage, whether arising from the negli- 
gence or default of the company or their servants, or from 
defect or imperfection of the station, platform,' or other 
places of loading or imloading, or of the carriage in which 
the cattle may be loaded or conveyed, or from any other 
cause whatever," although the company gave a free pass to 
the persons in charge of the cattle (e). 

" That with respect to any animals booked through by 
the company or their agents for conveyance partly by 
railway and partly by sea, or partly by canal and partly 
by sea, such animals will only be conveyed on the condi- 
tion that the company shall be exempt from any liability 
for any loss or damage which may arise during the 
carriage of such animals by sea, from the act of God, 
accidents from machinery, and all and every other damages 
and accidents of the seas, rivers, and navigation of what 
nature and kind soever, in the same maimer as if the 
company had signed and delivered to the consignor a bill 
of lading containing such condition. Nor will the com- 
* Sie. pany be responsible for loss of or damage to animak* 

Harrison v. Z. B, & S, C, By, Co, (2 B. & S. 122) is in antagonism 
to this case, it must be considered to have been overruled by Peek 
V. N, Staff, By, Co., 10 H. L. Gas. 474. 

{g) Ashendon v. L. B, & 8. C, By, Co,, 5 Ex. D. 194, per Haw- 
kins, J, 

{h) AUday v. G. W, By, Co., 6 B. & S. 903. 

(») Booth V. N, E. By. Co., L. E. 2 Ex. 173. 



SPECIAL CONTRACTS. 141 

arising from the dangers or aooidents of the sea, or of steam xriirBaaocuiUe 
nayigation, the act of Gtod, jettison, barratry, oollision, 
improper, oarelees, or unskilful navigation, accidents con- 
nected with machinery, or boilers, or any default or . 
negligence of the master or any of the officers or crews of 
the company's vessels " (A;) . It was also held that the words 
company's vessels applied to vessels employed by the 
company as well as to those owned by them. 

That the company would not be liable to loss of animals 
occasioned by overcrowding (/). 

That the company would not be responsible for the 
owner obtaining his own cattle (m). 

That the company should not be liable for damage 
unless pointed out at the time of unloading (n). 

That the company will not be accountable for the loss, 
detention, or damage of any package insufficiently or 
improperly packed, marked, directed, or described, or 
containing a variety of articles liable by breakage to 
damage each other (o). 

That the company will not be responsible for a passen- 
ger's luggage unless fully and properly addressed with the 
name of the owner (p). 

The condition relied on must be in writing ; and although (2) In writing, 
it appears that it is not essential for the document con- 
taining the condition to be on the same piece of paper 
with the signature of the person delivering the goods or 
against whom it is to be used, yet, having regard to the 
strict wording of the Act, it is advisable that it should be 
so, and in any case the document containing the condition 
must be so incorporated by reference in the document con- 



{k) Doolan y. Mid, By, Co., 2 App. Gas. 792. 
(0 Corrigan y. G. N. By. Co., 6 L, E. Jr. 91. 
{m) McNally v. Lane. <fe York. By, Co., 8 L. B. Jr. 81. 
(n) Lloyd v. Waterford & Limerick By, Co., 16 Ir. 0. L. 37. 
(o) Simons v. O, W. By, Co,, 26 L. J. 0. P. 25; Garton v. Bristol 
& Exeter By. Co,, 1 B. & S. 112. 
{p) Cutler V. N. London By, Co,, 19 Q. B. D. 64. 



142 



CARRIAGE OF MERCHANDISE BT RAILWAY. 



taining the signature as to leave no room for doubt as to 
what is the document referred to, and to make the two 
pieces of paper virtually one document (r). 
(8) Signatme. The owner is bound by reasonable conditions, if signed 
by a servant on his behalf, even though the servant cannot 
read («) ; and it has been held sufficient where the condi- 
tions were signed by a railway agent employed by the 
consignor to deliver the goods to the company (^). The 
section, however, must be complied with, and the conditions 
signed either by the person against whom they are used or 
by the person delivering them to the company. And so, 
although a consignor might make one of the company's 
servants his agent for signing the conditions, a railway 
company permitting its servants to sign such conditions 
would be acting unwisely. The question would imme- 
diately arise whether delivery to the servant was not con- 
structive delivery to the company. 

The section only requires the conditions to be signed by 
the owner of the traffic if they are to be used against him, 
and so, though not signed by the owner, the railway com- 
pany may set them up as a special contract under sect. 6 
of the Carriers Act {u). 

A contract to carry at "owner's risk" only absolves the 
company from liability owing to accident in the ordinary 
course of transit, but does not protect the company from 
liability owing to delay («?), or owing to the goods being 
carried in an unusual manner (w). 

Where there are special conditions of carriage exone- 
rating the company from liability, and an exception is 
inserted for wilful misconduct on the part of the compcmy, 
this means wilful misconduct with a knowledge that it 

(r) See Peek v. N. Staff. By. Co., 10 H. L. 0. 473. 
(») Kirhy v. G. W. Ry. Co., 18 L. T. (N. S.) 658. 
\t) Aldridge v. G. W. By. Co., 16 0. B. N. S. 682. 
(tt) Baxendale v. O. E. By. Co., L. R. 4 Q. B. 244, 254. 
\v) Bobinson v. G. W. By. Co., L. B. 1 0. P. 329 ; D*Arc v. Z. 
(£; N. W. By. Co., L. B. 9 C. P. 325. 
{w) Ponti/ex v. Hartley, 8 Times L. B. 657. 



Owner's riak. 



■WnfT2lmi8- 
conduot. 



SPECIAL ooi^TBAcrrs. 143 

will lead to inj 1117(2?). There is no neoessity that a 
Griminal intention should he made out. So where a railwaj 
company having carried goods from one station to another, 
the station master at the place to which they were carried, 
without making any inquiries of the consignor, after the 
delay of a week delivered the goods not to the consignee, 
but to a person of a name very similar, the delivery was 
held wilful misconduct (y). 

Where under a special contract for the carriage of I>088, deten- 
cattle, duly signed, the company were not to he liable for ^^ ^' ^™^* 
any loss, detention, or injury to the animals, except it 
arose from wilful misconduct on the part of the company 
or its servants, and the cattle were detained at the delivery 
terminus in consequence of the clerk of the company 
having omitted to enter them as carriage paid, it was held 
that the withholding of the cattle upon a groundless claim 
was not ^^ detention " of them within the conditions, and 
that the company were liable (s). 

And, although a railway company may have contracted Kegllgenoe. 
themselves out of their liability as common carriers or 
insoi^TB of the goods they carry, they may stiU be Kable 
if the damage to the goods arises from the negligence of 
the company or their servants {a). So, whero the owner 
of a cow had agreed that the company should not be 
Uable for " any loss or injury to cattle in the receiving, 
forwarding, or delivering, if such damage be occasioned 
by the kicking, plunging, or restiveness of the animal," it 
was held that the damage to the cow being caused by the 
negligence of the company's servant in delivering, the 
company were liable (6). 

(oc) O. W. Ry. Co, V. Gleniater, 29 L. T. 422 ; Wehh v. G, W. By. 
Co., 26 W. R. Ill ; LewU v. G, W. Ry. Co,, 3 a B. D. 206. 

(y) Hoare v. G. W. Ry. Co., 37 L. T. (N. S.) 186, 

(2) Gordon v. G. W. Ry. Co., 8 Q. B. D. 44. 

(o) Gill V. M. 8. & L. Ry. Co., L. R. 8 a B. 186; MaHin v. 
Great Indian Fen, Ry. Co,, L. R. 3 Ex. 9. 

(ft) Gill V. M. B. & L. Ry. Co., L. B. 8 Q. B. 186. 



144 CAKR1AGE OF MERCHANDISE BY RAILWAY. 

Gross negli- Where a contract provided that a company should not 
^^^' "be liable " except in the case of gross negligence or fraud," 

the Court, holding the contract to be reasonable, said, ''In 
the case of a carrier or other agentholding himself out for the 
careful and skilful performance of a particular duty, gross 
negligence includes the want of that reasonable care, skill, 
and expedition, which may properly be expected from 
persons so holding themselves out and their servants." 
"The company, therefore, properly speaking, exclude 
their liability as insurers, and not their liability for 
reasonable care, skill, and expedition " (o). 

(c) Beal V. South Devon By: Co,, 3 H. & 0. 337 ; and cf. Carr v. 
Lane, & York, By. Co,, 7 Exch. 707. 



( 145 ) 



CHAPTER XI. 

EXPLOSIVES AND DANGEROUS GOODS. 

The carriage of explosives and dangerous goods forms the 
subject of special legislation. And, so far as rates are oon- 
cemedy they are placed in the exceptional class, and it will 
be observed that the rates chargeable for their carriage are 
not limited as in the case of other traffic, but are " such 
reasonable sum as the company may think fit in each 
case " (a). 
The Railways Clauses Act, sect. 105, provides : — 
'' No person shall be entitled* to carry, or to require the 
company to carry, upon the railway any aquafortis, oil of 
vitriol, gunpowder, lucifer matches, or any other goods 
which in the judgment of the company may be of a 
dangerous nature ; and if any person send by the railway 
any such goods without distinctly marking their nature 
on the outside of the package containing the same, or 
otherwise giving notice in writing to the book-keeper or 
other servant of the company with whom the same are left 
at the time of so sending, he shall forfeit to the company 
twenty pounds for every such offence, and it shall be law- 
ful for the company to refuse to take any parcel that they 
may suspect to contain goods of a dangerous nature, or 
require the same to be opened to ascertain the facf 

It will be noticed that this section gives the railway 
company a very large discretion as to what are goods of a 
dangerous nature. Probably railway companies could not 

(«) See post, p. 210. 
D. L 



146 CARRIAGE OF MERCHAKDISE BY RAILWAY. 

be compelled by the Eailway Commissioners under their 
power to order reasonable facilities to carry goods coming 
within this section (6). 

In order to convict a person of the ofEence of sending 
dangerous goods under this section, a guilty knowledge on 
the part of the sender must be shown (c). 

A person employing a carrier to convey an article of so 
dangerous a nature as to require extraordinary care in the 
conveyance, must communicate the fact to the carrier, or 
he may be responsible for any injury which may result 
from his omission to do so (d). 

By the Explosives Act, 1875 (e), every railway company 
carrying gunpowder, nitro-glycerine, dynamite, or "any 
other substance, whether similar to those above mentioned 
or not, used or manufactured with a view to produce a 
practical effect by explosion or a pyrotechnic effect," must 
make bye-laws regulating such conveyance, which have to 
be confirmed by the Board of Trade. 

Shortly after the passing of the Act, a model code of 
bye-laws was agreed to by the Board of Trade and the 
fifty-two railway companies who are members of the 
Clearing House, which is believed to be now generally 
adopted. 

(6) Dickson v. G. N, Ry. Co., 19 Q. B. Div. 186, j^cr Liudley, L.J. 
(c) Hearne v. Qarton, 2 Ell. & Ell. 66. 
\d) Farrant v. Barnes, 11 C. B. N. S. 553. 
(e) 38 Vict. c. 17, repealing the Gunpowder Acts, the Carnage of 
Dangerous Explosives Act, 1866, and the Nitro-Glycerine Act, 1869, 



( 147 ) 



CHAPTER Xn. 

ABBITRATIONS UNDER THE BOARD OF TRADE ARBITRATIONS 
ACT, 1874, AND THE ARBITRATION ACT, 1889. 

It will be found that the Qeneral Conditions contained in 
the Schedules to the several Bailway Companies' Pro- 
visional Orders, which are the subject of the second part of 
this Work, contain many provisions refeiring differences 
arising between the railway companies and their trculers to 
the decision of the Board of Trade, or of an arbitrator to 
be appointed by them (a). And by clause 25 (ft) it is pro- 
vided that the Board of Trade Arbitrations, &c. Act, 
1874 (c), is to apply, so far as applicable, to every deter- 
mination of a difference or question by arbitration imder 
the provisions therein contained. It may be useful, there- 
fore, to consider this Act and the more general Arbitration 
Act of 1889, so far as they are likely to bear on the 
determination of these and similar differences. 

The Board of Trade Arbitrations, &c. Act, 1874, 
consists of two parts, the first dealing with Board of Trade 
inquiries, and the second with the power of referring 
questions to the decision of the Eailway and Canal Com- 
mission. 

"Where, under the provisions of any special Aci{d) Power of 
passed either before or after the passing of this Act, the t^^ ^ ^q 

inqniiy. 

(a) E, g,, clauses 2 (b), 4, 5, 6, 7, 8, of the General Conditions, 
and clause 4 of the Special Provisions as to Perishables in Part Y. 

{h) Gause 24 in the Scotch and North Eastern schedules. 

(c) 37 & 38 Vict. c. 40. 

{d) This includes a provisional order confirmed by Parliament 
(s. 4). S^post, p. 149. 

l2 



148 CAKRIAGE OF MERCHANDISE BY RAILWAY. 

Board of Trade are required or authorised to eanction, 
approve, confirm, or determine any appointment, matter, 
or thing, or to make any order or to do any other act or 
thing for the purposes of such special Act, the Board of 
Trade may make such inquiry as they think necessary for 
the purpose of enabling them to comply with such requisi- 
tion or to exercise such authority. Where an inquiry is 
held by the Board of Trade for the purposes of this section, 
or in pursuance of any general or special Act passed 
either before or after the passing of this Act, directing or 
authorisiDg them to hold any inquiry, the Board of Trade 
may h61d such inquiry by any person or persons duly 
authorised in that behalf by an order of the Board of 
Trade, and such inquiry, if so held, shall be deemed to be 
duly held "(e). 
Expensee of " "Where application is made in pursuance of any special 
&c. ' Act, passed either before or after the passing of this Act, 

to the Board of Trade to be arbitrators, or to appoint any 
arbitrator, referee, engineer, or other person, or to hold any 
inquiry, or to sanction, approve, confirm, or determine any 
appointment, matter, or thing, or to make any order, or to 
do any other act or thing for the purposes of such special 
Act, all expenses incurred by the Board of Trade in rela- 
tion to such application, and the proceedings consequent 
thereon, shall, to such amount as the Board of Trade may 
certify by their order to be due, be defrayed by the parties 
to such application, and (subject to the provisions con- 
tained in the said special Act) shall be defrayed by such of 
the parties as the Board of Trade may by order direct, or 
if so directed by an order of the Board of Trade, shall be 
paid as costs of the arbitration or reference " (/), 

The Board of Trade may, if they think fit, on or at any 
time after the making of the application, by order require 
the parties to the application, or any of them, to pay to the 

(e) Board of Trade Arbitrations Act (37 & 38 Vict. c. 40), s. 2. 
( /) Ibid, B. 3. 



ARBITRATIONS. 149 

Board of Trade such sum as the Board of Trade think 
requisite for or on account of those expenses, or to give 
security to the satisfaction of the Board of Trade for the 
payment of those expenses on demand, and if such pay- 
ment or ^curity is not made or given may refuse to act in 
pursuance of the application. 

All expenses directed by an order of the Board of Recovery of 
Trade, or an award in pursuance of this section to be paid, 
may be recovered in any Court of competent jurisdiction 
as a debt, and if payable to the Board of Trade as a debt 
to the Crown, and an order of the Board of Trade shall be 
conclusive evidence of the amount of such expenses (^). 

In this part of this Act the term " Special Act " means Meaning of 
a local or local and personal Act, or an Act of a local and 
personal nature, and includes a provisional order of the 
Board of Trade, confirmed by Act of Parliament, and a 
certificate granted by the Board of Trade under the Bail- 
ways Construction Facilities Act, 1864(A). 

An order of the Board of Trade for the purposes of this Order of 

1 » 1 r 'Aj. i» 1^ • t k i. •i!j Board may bo 

part of this Act, or of any such special Act as is referred j^^ writing, 
to in this part of this Act, may be mcule in writing under 
the hand of the President, or of one of the Secretaries of the 
Board (A). 

Section 5 of the Act is now repealed (/). 

Power to appoint Railway Commissioners as Arbitrators, 

The second part of the Act provided (A), " Where any Reference to 
difference to which a railway company or canal company ^J^^^^"^" 
is a party is required or authorised under the provisions of 
any general or special Act passed either before or after the 
passing of this Act, to be referred to the ctrbitration of, or 
to be determined or settled by the Board of Trade, or some 



(.9) Jfttcf. s. 6. 

(A) Ihid. 8. 4. 

(0 46 & 47 Vict. c. 39. 

\k) Board of Trade Arbitrations Act (37 & 38 Vict. c. 40), s. 6, 



150 CABRIAOE OF MERCHAIfDISB BY RAILWAY. 

person or persons appointed by the Boaxd of Trade, the 
Board of Trade may, if they think fit, by order in writing 
under the hand of the President or one of the Secretaries 
of the Board, refer the matter for the decision of the 
Railway Commissioners, and appoint them arbitrators or 
umpire as the case may be, and thereupon the Commis- 
sioners for the time being shall have the same powers as if 
the matter had been referred to their decision in pursuance 
of the Eegulation of Eailways Act, 1873, and also any 
further powers which the Board of Trade, or an arbitrator 
or arbitrators or xmipire appointed by the Board of Trade, 
wotild have had for the purpose of the arbitration, if the 
difference had not been referred to the Commissioners; 
provided always, that this section shall not apply to any 
case in which application is made to the Board of Trade 
for the appointment of an umpire under the 28th section 
of the Lands Clauses Consolidation Act, 1845." 
Powers of " Where any difference is referred for the decision of the 

ComSiMion. Commissioners in pursuance of the Regulation of Railways 
Act, 1873, as amended by this part of this Act, the Com- 
missioners shall have the same power by their decision of 
rescinding, varying, or adding to any award or other 
decision previously made by any arbitrator or arbitrators 
(including therein the Board of Trade) with reference to 
the same subject-matter as any arbitrator or arbitrators 
would have had if the difference had been referred to him 
orthem"(/). 

It is also provided that this part of this Act shall be 
construed as one with the Regulation of Railways Act, 
1873, which contains (m) a definition of the term " Special 
Act " similar to that given above as applicable to Part I. 
of the Board of Trade Arbitrations, &c. Act, 1874 (n). 
A reference to the Railway Commissioners as arbitrators 

(0 Board of Trade Arbitrations Act (37 & 38 Vict. c. 40), s. 7. 
(m) 36 & 37 Vict. c. 48, s. 3. 
(n) Ante, p. 149. 



ARBITRATIONS. 151 

under this Act will be materially different from a hearing 
before an ordinary arbitrator, as, in addition to the powers 
of an arbitrator, they are to have the same powers as if the 
matter had been referred to their decision under the Traffic 
Act of 1873. By sect. 18 of the Traffic Act of 1888, they 
are to have, *^ for the attendance and examination of wit- 
nesses, the production and inspection of documents, the 
enforcement of their orders, the entry on and inspection 
of property, and other matters necessary or proper for the 
due exercise of their jurisdiction under this Act, or other- 
wise for carrying this Act into effect," " all such powers, 
rights, and privileges as are vested in a superior Court." 
And under sect. 17 of the same Act an appeal on any 
question of law lies from their decision straight to the 
Court of Appeal. 

The Arhitration Act, 1889. 

By sect. 24 of the Arbitration Act, 1889 (o), it is Application of 
enacted, " This Act shall apply to every arbitration under ^^t* 1889.^ 
any Act passed before or after the commencement of this 
Act, as if the arbitration were pursuant to a submission, 
except in so far as this Act is inconsistent with the Act 
regulating the arbitration or with any rules or procedure 
authorised or recognised by that Act." And it has been 
held that to oust the operation of the Arbitration Act, 
1889, the inconsistency must be an inconsistency of this 
kind, viz., that the obligation imposed by the Arbitration 
Act, 1889, must be so at variance with the machinery and 
mode of procedure indicated by the Act providing for the 
arbitration that, if the obligation imposed by the Act of 
1889 were added, the machinery of the other Act would 
not work (/?). 

Under the Arbitration Act, 1889, a submission is, unless 

(o) 62 & 53 Vict. c. 49. 

(p) In re Knight and Tabernacle Permanent Bailding Societi/, 
(1891) 2 Q. B. 63 ; affirmed by House of Lords, 8 Times L. E. 616. 



152 CARRIAGE OF MERCHANDISE BY RAILWAY. 

the contrary is expressed, to be irrevocable except by leave 
of the Court or a judge, and is to have the same effect as 
if it had been made an order of Court (r). This does not, 
however, make the arbitration a " proceeding in the Court" 
vrithin the meaning of sect. 100 of the Judicature Act, 
1873 («). Nor does it give the Court any greater power 
over the arbitration than it had before the Act after the 
agreement to refer had been made a rule of Court (t). 

Before the passing of this Act it was held that the 
Court had power to give leave to revoke a submission 
where it appeared that the arbitrator was going wrong on 
a point of law, even in a matter within his jurisdiction, 
and would exercise the power unless the parties agreed to 
allow the arbitrator to state a special case {u). This power 
was, however, discretionary, and the Court would be re- 
luctant to exercise it after a final award was made (r). 
In a similar case at the present time the Court would 
probably order the arbitrator to state a case under sect. 19 
of the Act (x). 

Appoint men t of A rbitrator. 

Where the arbitration takes place under the Board of 
Trade Arbitrations, &c. Act, 1874, the appointment of the 
arbitrator or arbitrators will be made by the Board of 
Trade. 

If, however, the arbitration take place under an agree- 
ment between the parties to submit the matter in dilute 
to arbitration, the general law will apply. 
Official By sect. 3 of the Arbitration Act, 1889, « Where a 

referee. 

(r) 52 & 53 Vict. c. 49, s. 1. 
(a) In re Shaw and Bonaldson, (1892) 1 Q. £. 91. 
{t) In re Smith and Service and Nelson, 25 ft. B. Div. 345. 
(m) Saat and West India Dock Co, v. Kirk, 12 App. Cas. 738. 
(v) James v. James, 23 Q. B. Div. 12. 

(sc) See In re Knight and Tabernacle Permanent Building Society, 
(1891) 2 ft. B. 63 (0. A.). 



ARBITRATIONS. 153 

submission provides that the reference shall be to an 
official referee, any official referee to whom application is 
made shall, subject to anj order of the Court or a judge 
as to transfer or otherwise, hear and determine the matters 
agreed to be referred." This seems to give the parties 
power to select whatever official referee they choose. The 
Lord Chancellor, however, and the Lord Chief Justice, or 
either of them, has power to order the transfer of any 
causes or matters from any one or more of the official 
referees to any other or others of them whenever, in his 
opinion, it is expedient so to do, having regard to the state 
of the business pending before the referees {y). 

Under the Arbitration Act, 1889 (s), imless the contrary Implied pro- 
is expressed, a submission is to be deemed to include the ^"*^^'"' 
following provisions as to the appointment of arbitrators, 
so &r as they are applicable to the reference : — 

" (a) If no other mode of reference is provided, the 
reference shall be to a single arbitrator." 

In an arbitration imder the Board of Trade Arbi- 
trations Act, 1874, however, the arbitrator or arbitrators 
would be specified in the order of the Board of Trade. 

" (b) If the reference is to two arbitrators, the two arbi- 
trators may appoint an umpire at any time within 
the period during which they have power to make 
an award." 

When two arbitrators have to appoint an umpire, such Umpire, 
an appointment is a judicial act (a), and must in no case 
be decided by chance or lot (6), unless the parties to the 



(y) Bales of the Supreme Court, Ord. XXXVI. r. 47 b. 

{z) 52 & 53 Yict. c. 49, s. 2, and first schedule to the Act. 

(o) Lord V. Lord, 5 Ell. & B, 404. 

(6) Pescod V. Ptscod, 58 L. T. 76; Ford v. Jones, 3 B. & A. 248; 
In re Cassell, 9 B. & C. 624 ; European and American S,S* Co, v. 
Croekey, 8 0. B. N. S. 397. 



154 



CARRIAGE OF MERCHANDISE BY RAILWAY. 



Court may 
appoint 
arbitrator or 
umpire. 



reference consent to such method of appointment (c). An 
appointment by lot, however, between two persons, each of 
whom was acknowledged by both arbitrators to be a fit 
person, was upheld (d). 

In certain cases the Court has power to appoint an 
arbitrator. Sect. 5 provides, 

" In any of the followiug cases : — 

(a) Where the submission provides that the reference 

shall be to a single arbitrator, and all the parties 
do not, after difierences have arisen, concur in the 
appointment of an arbitrator : 

(b) If an appointed arbitrator refuses to act, or is in- 

capable of acting, or dies, and the submission does 
not show that it was intended that the vacancy 
should not be supplied, and the parties do not 
supply the vacancy : 

(c) "Where the parties, or two arbitrators, are at liberty 

to appoint an umpire or third arbitrator, and do 
not appoint him : 

(d) Where an appointed umpire, or third arbitrator, 

refuses to act, or is incapable of acting, or dies, 
and the submission does not show that it was in- 
tended that the vacancy should not be supplied, 
and the parties, or arbitrators, do not supply the 
vacancy : 
any party may serve the other parties, or the arbitrators, 
as the case may be, with a written notice to appoint an 
arbitrator, umpire, or third arbitrator. 

" If the appointment is not made within seven clear days 
after the service of the notice, the Court or a judge may, 
on application by the party who gave the notice, appoint 
an arbitrator, umpire, or third arbitrator, who shall have 



(c) In re TunnOf 6 B. & Ad. 488 ; In re Greenivood, 1 P. & D. 
463 ; In re Jamieson, 4 A. & E. 945. 
{d) In re Hopper, L. E. 2 Q. B. 367. 



ARBITRATIONS. 155 

the like powers to act in the reference and make an award 
as if he had been appointed by consent of all parties." 

Where a submission provided for the reference of matters When Court 
in difference, " to an arbitrator or umpire," it was held that ^ *PPO"» • 
this was a reference to a single arbitrator within sect. 5 of 
the Act, and that in such a case a written notice by one 
of the parties to the other requiring him " to concur in 
appointing an arbitrator " was a sufficient notice to appoint 
an arbitrator within the same section ; the Act not having 
intended that the party to whom notice was given should 
have the power of appointing the sole arbitrator by him- 
self (c). 

It has been held by the majority of the Court of Ap- 
peal (/), that when once the Court is satisfied that a 
dispute has arisen between the parties within the submis- 
sion, and that the conditions precedent (as to notice, &c.) 
required by the section have been complied with, that it 
has no discretion as to making the appointment, and that 
the words " the Court may appoint " are to be read as 
" the Court must appoint." 

The Court has, however, no power to appoint an umpire When Conrt 
in cases not provided for by the Act, and so in a case where Jl,pJ^t. 
the reference was to three arbitrators, one to be appointed 
by each party, and the third by the two arbitrators, but one 
of the parties refused to appoint an arbitrator at all, the 
Court had no power to compel him to do so, or to appoint 
an arbitrator instead of him (g). 

And where the parties have, by their contract, appointed 
an arbitrator, and provided a method for the appointment 
of a fresh arbitrator on the failure of the one originally 
appointed, by naming a person to appoint the fresh arbi- 
trator, it was held that, on the original arbitrator failing, 
the Arbitration Act did not so override the contract between 



(e) In re Eyre and Corporation of LeicesUr, (1892) 1 Q. B. 136. 

{/) Ibid. p. 143. 

(ff) In re Smith and Service and NeUon, 25 Q. B. Div. 545. 



156 CARRIAGE OF MERCHANDISE BY RAILWAY. 

the parties as to empower the Court to appoint the fresh 

arbitrator. The original arbitrator was absent in America. 

It was held that he had ^' failed " within the meaning of 

the contract (A). 
Paxties may By sect. 6 of the Act : 

vacancy in " Where a Submission provides that the reference shall 

certain cases. ]jq ^0 two arbitrators, one to be appointed by each party, 

then, unless the submission expresses a contrary intention : 

(a) If either of the appointed arbitrators refuses to act, 

or is incapable of acting, or dies, the party who 
appointed him may appoint a new arbitrator in 
his place : 

(b) If, on such reference, one party fails to appoint an 

arbitrator, either originally, or by way of substitu- 
tion as aforesaid, for seven clear days after the 
other party, having appointed his arbitrator, has 
served the party making default with notice to 
make the appointment, the party who has appointed 
an arbitrator may appoint that arbitrator to act as 
sole arbitrator in the reference, and his award shall 
be binding on both parties as if he had been ap- 
pointed by consent : 
Provided that the Court or a judge may set aside any 
appointment made in pursuance of this section." 

Staying Legal Proceedings, 

" If any party to a submission, or any person claiming 
through or under him, commences auy legal proceedings 
in any Court against any other party to the submission, or 
any person claiming through or under him in respect of 
any matter agreed to be referred, any party to such legal 
proceedings may at any time after appearance, and before 
delivering any pleadings, or taking any other steps in the 

{h) Wihan v. Eastern Counties Navigation and Transport Co», 
(1892) 1 Q. B. 81. 



ARBITRATIONS. 157 

proceedings^ ^Pply ^o ^^^ Court to stay the proceedings, 
and that Court, or a judge thereof, if satisfied that there is 
no sufficient reason why the matter should not be referred 
in accordance with the submission, and that the applicant 
was, at the time when the proceedings were commenced, 
and still remains ready and willing to do all things neces- 
sary to the proper conduct of the arbitration, may make an 
order staying the proceedings " (i). 

As a general rule, on an application to stay proceedings General rule, 
in an action on the ground that there is a submission to 
arbitration, the question to be decided is, whether the 
subject-matter of the action comes within the terms of the 
submission (A). Under this provision, however, the Court 
has a discretion to ref ase to stay the proceedings in the 
action, which it will exercise, even though the subject- 
matter of the action be covered by the submission (/). 

And if the action be brought in respect of matters some 
only of which are covered by the submission, the Court 
will, in the exercise of its discretion, refuse to stay the 
action so far as relates to the matters included in the sub- 
mission (m); and so in a case where the chief question 
arose on a point of law, which would have had to be raised 
before the Court by the arbitrator stating a special case, 
the Court refused to stay the action in the High Court, 
but directed the summons to stand over until the question 
of law had been determined in the action (n). As a rule, 
however, it is not a sufficient reason for taking the case 



(0 Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 4. 

{k) Willesford v. Watson^ L. E. 8 Ch. 473. 

(l) Lyon V. Johnson^ 40 Ch. D. 679 ; In re CarlxBle, 44 Ch. D, 
200; and of . In re Eyre and Corporation of Leicester ^ (1892) 1 Q. 
B. 136. 

(wi) Tumock V. Sartoris, 43 Ch. Div. 150 ; Wal/ord v. Prince 
Steam Shipping Co., 90 L. T. Jo. 467. 

(n) In re Carlisle, 44 Ch. D. 200. 



158 



CARHIAGE OF MERCHANDISE BT RAILWAY. 



Whatsaffi- 
cient reason. 



Where fraud 
charged. 



away from the arbitrator that the decision will involve 
questions of law(o). 

The fact that the person named as arbitrator has an 
interest in the subject-matter of the arbitration is a suffi- 
cient reason why the matter should not be referred in 
accordance with the submission (p). And it may be 
sufficient reason that the person objecting to the arbi- 
tration has disregarded the agreement to refer and taken 
the law into his own hands {q) ; or that he merely wants to 
waste time and delay the other party (r) ; or that the 
agreement to refer has been properly revoked and has no 
longer any effect («). And so the Court will refuse to stay 
the proceedings in an action where it appears that the 
agreement to refer is incomplete, Imd the parties had never 
arrived ad idem with regard to it(^). If, however, the 
agreement be in writing, and represent the contract between 
the parties, it is not material that it is not signed by both 
parties (t^). 

As a rule where charges of fraud are brought forward, 
and the person charged with fraud objects to arbitration, 
it will be sufficient reason for the Court to refuse to compel 
the parties to go to arbitration (r). But if it is the person 
bringing the charge of fraud who objects to the reference, 



(o) Willeeford v. Watson, L. E. 8 Ch. 472 ; Bandfgger v. Hdmes, 
L. B. 1 0. P. 679. 

{p) Nutlall Y> Mayor of Manchester, 8 Times L. B. 513; and seo 
Pickthall V. Merthyr Local Board, 2 Times L. E. 805. 

{q) DavU V. Starr, 41 Ch. D. 242. 

(r) Lxiry v. Pearson, 1 0. B. N. S. 639. 

(«) Deutsche Springstoff Adien OesellscJiaft v. Briscoe, 20 Q. B. D. 
177 ; Banddl v. Thompson, 1 Q. B. Div. 748. 

{t) Caerleon Tinplaie Co. v. Hughes, 60 L. J. Q. B. 6i0. 

(m) Baker v. Yorkshire Fire and Life Assurance Co,, (1892) 1 Q. 
B. 144. 

(v) WallU V. Hirsch, 1 C. B. N. S. 316; WiUesford v. Watson, 
L. E. 14 Eq. 672 ; NoheJ v. P. Stewart <fc Co., 6 Times L. E. 378. 



ARBITRATIONS. 169 

the Court will not necessarllj allow him to proceed by 
action (^). And if the parties have agreed that the award 
of an arbitrator shall be a condition precedent to an action 
by the plaintiff, the Court will not allow him to proceed 
by action, even though the defendant has charged him 
with fraud (y), and refused to go to arbitration ; the plain- 
tiff being able to force an arbitration upon him (s). 

The jurisdiction of the Court is not ousted by a sub- Waiver, 
mission to arbitration, and the parties may waive their 
right to a reference, and proceed with their action, but if 
they do so, one of them cannot afterwards insist on arbi- 
tration (a). 

The obtaining from the other party of a consent to the Step in the 
extension of time for delivering a pleading is not a step in ^ ^**' 
the proceedings which would prevent the party obtaining 
it from asking for a stay of the action, but the taking out 
of a summons for particulars of the pleading of the other 
party is a step in the proceedings, notwithstanding that 
the pleading was amended subsequently to the taking out 
of the summons, and so is an application for leave to ad- 
minister interrogatories which is granted (6). 

Proceedings on the Arbitration. 

The arbitrator may decide on the place and time of Meeting, 
meeting for the arbitration (c), and may revoke the appoint- 
ment, and appoint some other time and place (^f). He 
should, however, see that both parties have proper notice 
of such appointments, even though one party has im- 

{x) Bussell V. Russell, 14 Ch. Div. 471. 
(y) Trainor v. Phcenix Fire Insurance Co, , 8 Times L. E. 37. 
(2) Kenworthy v. Queen Insurance Co,, 8 Times L. E. 211. 
(a) London, Chatham & Dover By, Co, v. South Eastern By. Co,, 
40 Ch. Div. 100. 
{b) Chappell V. North, (1891) 2 Q. B. 252. 

(c) Fethersione v. Cooper, 9 Ves. 67. ^ 

{d) Eastham v. Tyler, 2 Bail Ct. Eep. 136. 



160 



CARRIAGE OF MERCHANDISE BY RAILWAY. 



Conduct of 
case. 



Goimse]. 



properly revoked the submission (^). It is desirable that 
the notice should inform the party that if he do not attend 
the arbitrator will proceed in his absence (/). And if this 
be not done, and one of the parties fail to attend, it will 
be advisable for the arbitrator to adjourn the meeting (^). 
If, however, after proper notice has been given him, one of 
the parties fails to attend the meetings, the arbitrator will 
be justified in proceeding in his absence (//). 

The arbitrator has a general discretion as to the method 
in which the case shall be conducted (t), and may decide 
whether or not he will take a view of any premises forming 
the subject of the inquiry (A:). He must be careful, how- 
ever, not to exclude any one from the inquiry whose 
presence or assktanoe either of the parties may desire, 
without good reason for so doing. In Maigh v. Haigh (/), 
Lord Justice Turner said : — " I certainly do not mean to 
lay it down that an arbitrator is bound to submit to insults 
from those who attend him, but I think that before he 
excludes any one from attending on behalf of any of the 
parties interested, he is bound to ascertain that there is 
good reason for the exclusion, and to take the best care he 
can that the party who is affected by the exclusion is not 
prejudiced by it." 

If either party intend to appear by counsel before the 



(c) In re Kyle, 2 Jur. 760. 

(/) Qladmn v. Chikote, 9 D. P. C. 550. 

Ig) Angus v. Smithies, 2 F. & P. 881 ; In re Morphett, 2 D. & 
L. 967. 

{h) Scott V. Van Sandau, 6 Q. B. 237 ; Tryer v. Shaw, 27 L. J. 
Ex. 320. 

(0 TilJam v. Copp, 5 C. B. 211 ; In re Macqueen, 9 C. B. N. S. 
793. 

{k) Munday v. Blach, 9 C. B. N. S. 557. Whero the submis- 
sion requires the arbitrator to view the premises, and he does so, 
he need not recite it in the award: Spence y. Eastern Counties By, 
Co., 7 D. P.O. 697. 

(7) 3 De G. F. & J. 157, 168. 



ARBITRATIONS. 161 

arbitrator, it will be well to give notice of such intention 
to the other side, or an adjournment may be asked for (m). 

It is enacted by the Arbitration Act, 1889 (fi), that 
unless the contrary is stated the following proyidon shall 
be implied in the submission so far as applicable to the 
reference. 

" The parties to the reference, and all persons claiming ^^**® ^* 
through them respectively, shall, subject to any legal 
objection, submit to be examined by the arbitrators or 
umpire, on oath or affirmation, in relation to the matters 
in dispute, and shall, subject as aforesaid, produce before 
the arbitrators or umpire, all books, deeds, papers, accounts, 
writings, and documents within their possession or power 
respectively, which may be required or called for, and do 
all other things which during the proceedings on the 
reference the arbitrators or umpire may require. And WitoesBes. 
also(o), that the witnesses^ on the reference shall, if the 
arbitrators or umpire think fit, be examined on oath or 
affirmation. 

And it is provided by the same Act(p), that any party 
to a submission may sue out a writ of subpoena ad testifican' 
dum or of subpoena duces tecumy but no person shall be com- 
pelled under any such writ to produce any document whichhe 
oould not be compelled to produce on the trial of an action. 

If a document is material to the matter in question it Document, 
may be protected from production on any of the following tected: 
grounds : — 

1. That it would tend to incriminate the party or expose 
him to the risk of any kind of punishment, whether 
it be by way of penalties, forfeiture, or ecclesias- 
tical censure (^). 



(iTi) WhaOey v. Morland, 2 0. & M. 347. 

(n) 52 & 53 Vict. c. 49, s. 2, and first schedule, dause (f). 

(o) Ibid, first Bchedule, clause (g). 

{p) Ibid, s. 8. 

Iq) Bedfem v. B^ftm, (1891) P. 139. 

D. M 



162 



CARRIAGE OF MERCHANDISE BY RAILWAY. 



Affidavit of 
docoments. 



Bankers* 
boolcB. 



2. On the ground of legal professional privilege. 

(a) Professional communications between the client 

and his legal adviser (r). 

(b) When there is litigation anticipated documents 

made for the purpose of furnishing to the 
solicitor evidence to enable him to conduct 
the litigation. But this does not include 
communications from the client's agent (s). 

3. That it discloses the party's evidence or the names of 

his witnesses (^). As to title-deeds, where they 
form part of the plaintifi's case he must discover 
them (u) ; but the defendant in an ejectment action 
cannot be made to do so (v). 

4. That they are public official documents and that 

their disclosure would be injurious to the public 
interest («r). 

It is, however, for the arbitrators and not one of the 
parties to decide whether or not particular documents are 
material (;r). 

The High Court has no jurisdiction to grant an order 
for an affidavit of documents even when the arbitration 
takes place under an order of the Court, the whole 
jurisdiction as to discovery being in the hands of the 
arbitrator (y). 

Under the Bankers' Books Evidence Act (2) copies of 
bankers' books are evidence of the books before arbitrators, 
and may be verified by oral evidence or by affidavit. 



(r) Min^ v. Morgan, L. E. 8 Oh. 361. 
(«) Anderson v. Bank of Columbia, 2 Oh. D. 644. 
{t) Bidder v. Bridges, 29 Oh. D. 29 ; Oayley v. Bandycroft, 33 
W. E. 577. 

{«) Cayley v. Sandycroft Co,, 33 W. E. 677. 
(v) Lyell V. Kennedy, 8 App. Gas. 217. 
{w) Henessy v. Wright, 21 Q. B. D. 509. 
(x) Arhuckle v. Price, P. 0., 4 Dowl. 174, 
(y) Penrice v. Williams, 23 Oh. D. 353. 
(2) 42 & 43 Yiot. 0. 11. 



ABBITRATIONS. 163 

The Arbitration Act, 1889 (a), also provides that (1) "the Sabpoena 
Court or a judge may order that a writ of subpoena ad Kingdoxo. 
testificandum or of suhpcena duces tecum shall issue to compel 
the attendance before an official or special referee, or before 
any arbitrator or umpire, of a witness, wherever he may be 
within the United Kingdom ; and (2) the Court or a judge 
may also order that a writ of habeas corpus ad testificandum 
shall issue to bring up a prisoner for examination before 
an official or special referee, or before any arbitrator or 
umpire." Thus providing for securing, on an English 
arbitration, the attendance of witnesses in Scotland and 
Ireland. There is, however, no jurisdiction to issue a 
commission for the examination of persons abroad, under 
a submission to arbitration by agreement between the 
parties {b) ; but it is otherwise when the arbitration takes 
place under a statute, as where a dissentient shareholder's 
interest is being ascertained under the Companies Act, 
1862, and in such a case a commission may issue (c). 

The arbitrators or umpire have power, unless the sub- Administer- 
mission express a contrary intention, to administer oaths "^* <»tl»«> &«• 
to, and take the affirmations of, the parties and witnesses 
appearing (d) ; and any person wilfully and corruptly Peijnry. 
giving false evidence before any referee, arbitrator, or 
umpire is guilty of perjury as if the evidence had been 
given in open Court, and may be dealt with, prosecuted, 
and punished accordingly (e). And the manufacturing of 
false evidence before on arbitrator, not amounting to 
perjury, has been held a criminal oflEence (/). 

The parties appearing before an arbitrator and the wit- Arrest, 
nesses being compellable to attend are protected from 



(a) 62 & 63 Yict. c. 49, s. 18. 

(J) In re Shaw and RonaXdson, (1892) 1 ft. B. 91 (0. A.), 
(c) In re Mysore West Gold Mining Co,, 42 Oh. D. 636. 
Id) Arbitration Act, 1889 (62 & 63 Yiot. c. 49), s. 7. 
(e) Ibid. s. 22. 

(/) Beg. V. Vreones, (1891) 1 Q, B. 360. 

m2 



164 CARRIAGE OF MERCHANDISE BY RAILWAY. 

arrest, even though no action be pending, in the same 
manner as in the case of a trial at law (g). And this 
protection extends during the adjournment of the arbitra- 
tion, whether on the same day (k) or from day to day, but 
not if many days elapse before the next meeting (t). 

Evidence. Ar\»itrators are bo\md by those rules of evidence which 

govern courts of law (k), 

Admiflsibility. It has long been considered that the arbitrator's decision 
as to the admissibility of evidence was final, and that his 
award could not be impeached on the ground that he had 
decided wrongly as to the admissibility of certain evi- 
dence (/); and probably when the award was once made 
the Court would now, in the exercise of its discretion, 
refuse to disturb it on that ground {m). If, however, the 
evidence were of sufficient importance, the question of its 
admissibility would be one on which the arbitrator might 
fairly be asked to state a case under sect. 7 of the Act, or 
on which the Court would direct him to do so under 
sect. 19 (n). 

Takiiig The arbitrator, however, must be careful to see that each 

party has an opportunity of being heard before him (o), 
even though he be a mercantile arbitrator, and must take 
any evidence adduced by the parties, which is admissible, 
even though he may think he has already sufficient evidence 
before him (^), or the award wiU be liable to be set aside, 

{g) Webh v. Taylor, 1 DowL & L. 676. 

{h) Ex parte Temple, 2 Yea, & B. 395. 

(f) Spencer v. NewUm, 6 A. & E. 623. 

\h) A,-G. V. Davison, M*Clel. & Y. 160. 

{l) Sagger v. Baker, 14 M. & W. 9; Eastern Countiea By, Co, v. 
Bobertam, 6 M. & G. 38 ; Ferryman v. Steggall, 2 D. P. 0. 726 ; 
Armstrong v. Marshall, 4 D. P. 0. 693 ; Syrnes v. OoodfeUow, 4 
D. P. 0. 642. 

{m) James v. James, 23 Q. B. Diy. 12. 

(n) East and West India Dock Co, v. Kirk, 12 App. Cas. 738. 

(o) Thwhum V. Barnes, L. E. 2 0. P. 384 ; In re Brook, 15 0. B. 
N. S. 403; Anm., 2 Chit. 44. 

{p) In re Brook, Delcomyn and Badart, 33 L. J. C. P. 246. 



evidenoe. 



ARBITRATIONS. 165 

though, perhaps, he has some disoretion as to the quantity 
of evidence he will reoeive (q). It is, however, a matter 
entirely in the disoretion of the arbitrator whether he wiU 
or will not postpone the reference in order to give one of 
the parties an opportunity of bringing a witness from 
abroad (r), and he may refuse to hear fresh evidence from 
a party who has definitely closed his case, if no evidence 
has been called on the other side («). 

The witnesses should be examined in the presence of both Evidenoe, 
parties, as if the arbitrator reoeive evidence in the absence 
of either party the award may be set aside (^), or at least 
remitted to the arbitrator (u). Nor can the examination 
of witnesses in the absence of both parties be justified (tr). 
Lord Granworth stated his opinion, in the House of Lords, 
that ^' an arbitrator misconceives his duty if he, in any the 
minutest respect, takes upon himseU to listen to evidence 
behind the back of a party who is interested in contro- 
verting, or is entitled to controvert it " {x). If, however, 
the evidence be taken in the absence of one party by his 
consent, he cannot afterwards object to the award on that 
ground (y). 

Where the arbitrators fail to agree and call in the umpire, Frooeedingv 
the umpire must, if requested to do so by either of the ^'^^o'^^^P"^®- 
parties, rehear the evidence that was given before the 



(3) NickalU v. Warren, 6 Q. B. 615, 618. 

(r) Qinder v. Cwiis, 14 C. B. N. S. 732 ; and of. Larchin v. 
EUU, 11 W. E. 281. 

(«) Hemming v. Parker, 13 L. T. 795. 

\t) In re Hick, 8 Taunton, 694 ; Walker v. Frobi$her, 6 Ves. 70 ; 
FdiheraUme v. Cooper, 9 Ves. 67. A contrary view was at one time 
taken in the Common Pleas : see Atkinson y. Abraham, 1 B. & P. 
175 ; Bignally, Gale, 2 M. & Q-. 830 ; but these cases must be taken 
as oyerruled : Dobson y. Oroves, 6 Q. B. 637. 

(tt) Anning y. Hartley, 27 L. J. Ex. 145. 

(w) Fl^8 y. MidcUeton, 6 Q. B. 845. 

(x) Drew y. Drew, 2 Macqueen, 1, 8. 

(y) Ibid. ; Hamilton y. Bankin, 3 De G. & S. 782. 



166 CARRIAGE OP MERCHANDISE BY RAILWAY. 

arbitrators (2). It is, however, competent for the parties 
to waive their right to have the matter re-heard if they 
think fit, and to allow the imipire to decide on reading the 
notes of evidence taken down by the arbitrators (a) ; or a 
shorthand writer's notes of evidence signed by the arbi- 
trators (6). It is, therefore, desirable that proper notice 
should be given to the parties by the umpire to enable them 
to lay before him anything they may desire (c). 

The Award. 

Unless the contrary is expressed, the following provisions 

contained in the First Schedule to the Act are to apply so 

far as applicable (rf) ; — 

Time for " c. The arbitrators shall make their award in writing 

award. within three months after entering on the reference, or 

after having been called upon to act by notice in writing 

from any party to the submission, or on or before any 

later day to which the arbitrators by any writing signed 

by them may from time to time enlarge the time for 

making the award. 

When umpire « d, jf the arbitrators have allowed their time or extended 

reference. time to expire without making an award, or have delivered 

to any party to the submission or to the umpire a notice 

in writing stating that they cannot agree, the umpire may 

forthwith enter on the reference in lieu of the arbitrators. 

Award of «e. The umpire shall make his award within one month 

after the original or extended time appointed for making 

the award of the arbitrators has expired, or on or before 

any later day to which the umpire by any writing signed 

(z) Jenkins v. Leggo^ 1 D. N. S. 277 ; Tn re Salkeld, 4 P. & D, 
732 ; In re Templeman, 9 D. P. 0. 962. 

(a) In re SaJkeld, 4 P. & D. 732. 

(ft) In re JameSf 5 B. & Ad. 488, 

(c) See Potter v. Newman^ 2 G. M. & E. 742 ; and In re TempU" 
man, 9 D. P. C. 962. 

{d) Arbitration Act, 1889 (52 & 63 Vict. 0. 49), s. 2. 



ARBITRATIONS. 167 

by him may from time to time enlarge the time for making 
his award." 

If the time expire without any enlargement being made, 
or if an invalid enlargement be made, and the parties sub- 
sequently attend before the arbitrator without taking any 
objection, they cannot afterwards object to the award on 
the ground that the arbitrator's authority had deter- 
mined (e) ; but such attendance will not empower the arbi- 
trator to make further enlargements by himself alone (/). 
And after the case is dosed and the time expired a request 
to the arbitrator to consider new matter has been held to 
imply a consent to extend the time(^). 

And by sect. 9 of the Act the time for making an award Enlargrement 
may from time to time be enlarged by order of the Court ooSrtT 
or a judge, whether the time for making the award has 
expired or not : this order being usually obtained on 
summons. If the arbitrator make his award after the time 
has expired, and the Court subsequently enlarge the time, 
the effect is to ratify what has been done by the arbi- 
trator without authority, and to render valid any step 
taken down to the time limited by the order of the 
Court (A). 

Where the time for making an award is enlarged, the 
enlargement shall be deemed to be for one month, unless 
a different time be specified in the order (?•). 

Unless the submission expresses a contrary intention, it Award to be 
is provided {k) that the award to be made by the arbitrators 
or umpire shall be final and binding on the parties and 
the persons claiming under them respectively. 

(e) In re Hick, 8 Taunt. 694 ; Halldt v. ffalleU, 7 Dowl. 389 ; 
Palmer v. Met. By. Co., 31 L. J. Q. B. 269. 

(/) Ma9on V. Wallia, 10 B. & 0. 107. 

(g) BexY. Hill, 7 Price, 636. 

{h) Lord V. Lee, L. E. 3 Q. B. 404 ; Warner v. PoweU, L. E. 3 
Eq. 261. 

(t) Bules of the Supreme Coiirt, Ord. LXTV. r. 14 a. 

\k) Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 2, and first 
schedule, clause (h). 



168 



CARRIAGE OF MERCHANDISE BY RAILWAY. 



Award in 
form of case. 



Stamp. 



The arbitrator, however, may (/), unless the contrary be 
expressed, (1) state an award as to the whole or part 
thereof in the form of a special case for the opinion of the 
Court (m), or (2) correct in an award any clerical mistake 
or error arising from any accidental slip or omission. 

No precise form of words is necessary to constitute an 
award ; it is sufficient if the arbitrator expresses by it a 
decision on the matter submitted to him (n), and it may be 
in the form of an opinion (o), and even a request to one 
party to pay a sum of money has been held sufficient (p). 

By the Stamp Act, 1891 ($), an award in England or 
Ireland, and an award or decreet arbitral in Scotland, must 
be stamped as follows : — 

(1) In any case in which an amount or value is the matter 
in dispute (r) : — 

Where no amount is awarded or the amount £ 8. d. 
or value awarded does not exceed £5 .003 

Where the amount or value awarded — 

Exceeds £5 and does not exceed £10 . . 

£10 „ „ £20 . . 

£30 . . 

£40 . . 

£50 . . 

£100 . . 

£200 . . 

£500 . . 

£750 . . 

£1,000 . . 



>i 



£20 

£30 

£40 

£50 
£100 
£200 
£600 
£760 
„ £1,000 
(2) In any other oase 



» 
» 



» 



£ 








10 

16 

1 
1 6 
1 16 
1 15 



8. 




1 
1 

2 
2 
5 



6 

6 

6 










(2) Arbitration Act, 1889 (52 & 53 Viot. o. 49), s. 7. 

(m) As to stating a cam, eee pott, p. 169. 

(n) Lock V. VuUiamy, 5 B. & Ad. 600 ; Wyhe$ r. Shipton, 3 N. & 
Man. 240. 

(o) Motion y. Trouier, B. & M. 17. 

Ip) Smith T. Hartley, 10 0. B. 800. 

Iq) 64 & 55 Vict. c. 39, scbed. 1. 

(r) Formerly the stamp was payable on the amount of the matter 
in dispute. 



ABBITRATI0N8. 169 

The appointment of an umpire in writing by the arbi- 
trators, however, requires no stamp («). 

Stating a Case, 

There is no appeal from the award of an arbitrator, even Court may 
though his decision involves matters of law, provided he ^ ^^ *'**®' 
has acted honestly (^), but provision is made for the state- 
ment of a case on any point of law. " Any referee, arbi- 
trator, or umpire, may, at any stage of proceedings under 
a reference, and shall, if so directed by the Court or a 
judge, state in the form of a special case, for the opinion 
of the Court, any question of law arising in the course of 
the reference " (u). 

This power to order a case to be stated by the arbitrator 
applies to arbitrations under the Building Societies Act, 
1874 (tc). In a case where at an early stage of the pro- 
ceedings the arbitrators refused to state a case on a 
question as to the construction of an agreement, the Court 
declined to order a case, holding that the mere fact of 
there being a question of law to be decided was not a 
sufficient ground for a case to be ordered, unless there was 
some evidence that the arbitrators were going beyond their 
jurisdiction, or were about to act contrary to the law (x). 

We have seen that the arbitrator may state his award as Award in 
to the whole or part thereof, in the form of a special case, "* °*'®' 
for the opinion of the Court (y). 

In stating a case on a point of law, the arbitrators Case, how to 
should set forth such facts as are necessary to enable the ^ ****^- 



(«) Bautledge v. Thornton, 4 Taunt. 704. 

(t) Darlington Waggon Co, v. Harding, 7 Times L. R. 106. The 
report in the Law Beports does not touch this point. 

(u) Arbitration Act, 1889 (52 & 63 Yict. c. 49), s. 19. 

{w) In re Knight and TabemaeU Permement Building Soctety, (1891) 
2 a B. 63 ; afP. by H. L., (1892) W. N. 98. 

(x) Tn re Gray & Co, aiid Boustead A Co,, 8 Times L. R. 703. 

(y) Arbitration Act, 1889, s. 7. 



170 CARRIAOB OF MEBCHAin>ISE BY BAILWAY. 

Court to deteimine the question of law (2). He should 
not, however, set out the evidenoe, leaving the Court to 
draw inferences of fact, but should state what facts he 
finds {a). And he must find the facts definitely (b). 

Where important questions were involved in the arbi- 
trator's decision, the Court ordered the arbitrator to state 
a case after he had made his award, showing his reasons 
for the decision given by him (c). In another case, where 
the reference was ordered by the Court, the order of refer- 
ence contained a direction to the referee to state a case on 
any question of law that might arise (d). 

If the Court disapprove the decision of an arbitrator, it 
has no power to alter it, and can only send it back to the 
arbitrator or set it aside (e). 

Appeal. There is no appeal from the decision of the High Court 

on a case stated during the reference under sect. 20 of the 
Arbitration Act, 1889 (/) ; but if the award be stated in 
the form of a special case under sect. 7 an appeal will lie 
from the decision of the High Court thereon {g). 

Where a case was stated under the Common Law Pro- 
cedure Act, 1854, an appeal lay from the decision of the 

Judgment, High Court {h) ; and for the purposes of such appeal, if the 
case had to go back to the arbitrator after the decision of 
the Court, the decision was interlocutory (i) ; but if the 
matter were concluded by the decision of the Court, and did 
not need to be sent back to the arbitrator, it was final (J), 



(a) Sheridan v. Nagle, 6 Ir. E. 0. L. 110. 

(a) Jephson v. Hoivkins, 2 Man. & Q. 366. 

(6) Ferguson v. Norman^ 4 Bing. N. 0. 62. 

(c) In re Gough and Mayor of Liverpool^ 6 Times L. R. 453. 

\d) Parke v. Eamee, (1890) W. N. 143. 

(e) Qomgh v. Mayor 0/ Liverpool, 7 Tunes L. Bt 581. 

(/) In re Knight and Tabernacle Building Society, 8 Times L. B. 783. 

[g) Ibid, ; Oough v. Mayor of Liverpool, 7 Times L. R. 581. 

(h) Bidder v. North Staff, By. Co., 4 Q. B. Biv. 412. 

(♦) Collins V. Paddington Vestry, 5 Q. B. D. 368. 

\j) Shuhrook v. Tuffnell (0. A.), 46 L. T. 749. 



ARBITRATIONS. 171 



Remitting to Arbitrators, 

Section 10 of the Arbitration Act, 1889, gives power to 
the Court to remit the reference to the arbitrators. It 
provides — 

^' (1) In all oases of reference to arbitration, the Court Power to 
or a judge may from time to time remit the matters re- ""*"*• 
ferred, or any of them, to the reconsideration of the arbi- 
trators or umpire. 

" (2) Where an award is remitted, the arbitrators or 
. umpire shall, unless the order otherwise directs, make their 
award within three months after the date of the order." 

If the arbitrators go outside the subject-matters of the 
reference it will be a ground for remitting the reference to 
them {k) ; but if they have kept themselves substantially 
to the matter referred to them the Court wiU not interfere, 
especially if the objection was not taken before the arbi- 
trators (/). 

As to whether an arbitrator is bound to receive fresh Frosh 
evidence when a case is remitted to him, the cases are not ®^^^®'^<^« 
very satisfactory. The general conclusion to be gathered 
from them is that when the award is remitted for some 
specific alteration or addition (;n), or because it is in some 
respect uncertain (n), the arbitrator need not hear further 
evidence. But that if it be remitted on any question of 
substance he should do so if the parties are desirous of 
bringing anything further before him {o). 



{h) Hooper v. BalfowTy 62 L. T. 646 ; In re Green and Bcdfowr, 
63 L. T. 97, 325. 

{I) In re McLean and Marcus, 6 Times L. B. 355 ; In re Brandt 
and Boutcher, 7 Times L. R. 140. 

(m) In re Huntley, 1 Ell. & B. 787 ; Johnson v. Latham, 20 L. J. 
Q. B. 236; Baker v. Hunter, 16 M. & W. 672. 

(n) In re Morris, 6 Ell. & B. 383. 

(o) Nickalls v. Warren, 6 d. B. 615. 



172 CARRIAGE OF MERCHANDISE BY RAILWAY. 

Setting aside Award. 

MiBoondiict of By sect. 11 of the Arbitration Act, 1889 : — 

" 1. Where an arbitrator or umpire has misoonduoted 
himself, the Court may remove him. 

^'2. Where an arbitrator or imipire has misconducted 
himself, or an arbitration or award has been improperly 
procured, the Court may set the award aside." 

'J^inie. An application to set aside an award may be made at 

any time before the last day of the sittings next after such 
award has been made and published to the parties (/?). 
The application is by motion, notice of motion to state the 
grounds of the application. Notice of motion given 
before the last day of the sittings is the beginning of an 
application ($'). The time maybe extended by an order 
of the Court or a judge (r), but not by consent of the 
parties («). Yice-Chancellor Malins(^) thought that the 
arbitrators need not be served with the notice of motion to 
set aside the award. 

It is, however, competent for the parties to agree that 
an award shall not be set aside on the ground of fraud on 
the part of the arbitrator, such an agreement not being 
against public policy, provided there is no fraud on the 
part of either of the parties (u). 

Hjaoonduct. The award wiU be set aside if it appears that the arbi- 
trator was interested in the subject-matter {w). And so 
where the two arbitrators differed and called in and sat 



{p) Bulos of Supreme Court, Ord. LXIV. r. 14. 

Iq) Ibid, Ord. LIE. r. 4. 

(r) In re Oallop and Central Queensland Co., 26 Q. B. D. 230. 

(«) Under Ord. LXTV. r. 7 : see /n re Oliver and Scotia Arbi' 
tration, 43 Ch. D. 310. 

(Q Moseley v. Simpson, L. R. 16 Eq. 226. 

(m) TuUis V. Jacson, (1892) W. N. 160. 

{w) Earl V. Stocker, 2 Yem. 261 ; Kemp v. Bose, 1 Giff. 258 ; 
Kimherley v. Dick, L. E. 13 Eq. 1 ; and of. NuttdU v. Mayor of Man- 
chester, 8 Times L. B. 513. 



ARBITRATIONS. 173 

with the mnpire, who afterwards made the award, and it 
appeared that one of the arhitrators was interested in it, 
the award was set aside, although made by the umpire, 
who was not so interested {x). And IE the parties, after 
disoovering the arbitrator's interest in the subject-matter, 
allow the arbitration to prooeed without objection, thej 
may be held to have waived their right to object on that 
ground (y). 

And where there are three arbitrators, the exclusion of 
one bj the other two is misconduct for which the award 
would be set aside (z). 

Infamy, ue.y perjury or fraud on the part of the arbi- Inf«niy. 
trator is also a ground on which he will be removed or the 
award set aside (a). 

The award may be set aside i£ the arbitrator delegate Delegating 
his authority (J), but this does not prevent him from ^^ *^"^' 
receiving as evidence the opinions of skilled persons (c). 

Such misconduct, however, must be clearly proved, mere 
suspicion is not enough ((2). And evidence of an admis- 
sion out of Court by an arbitrator, before witnesses, that he 
made his award improperly — as, for example, by collusion 
or in cons^uence of a bribe — \a not admissible in support 
of an application to set aside the award. Such an admis- 
sion must be made to the Court itself (a). 



{x) Blanchard v. Sun Fire Office, 6 Times L. B. 365. 
{y) Clout V. Met. By. Co., 46 L. T. 141. 

(z) Chicot V. Lequesne, 2 Yes. 316 ; Barton v. Knight, 2 Yem. 
514. 

(a) Beddow v. Beddow, 9 Ch. D. 89. 

(b) Lingood v. Hade, 2 Atk. 502; ffaigh v. Eaigh, 31 L. J. 
Oh. 420. 

(c) Col. By. Co. V. Lockhari, 3 Macq. H. L. 808 ; Emery v. Waee, 
5 Yes. 848 ; Andereon v. Wallace, 3 Ca. & F. 26 ; ffopcraft v. Eick- 
man, 2 S. & 3. 130. 

{d) Moseley v. Simpeon, L. R. 16 Eq. 226. 

(e) In re Whitdey and BoberU* Arbitration, (1891) 1 Oh. 558. 



174 



CARRIAGE OF MERCHANDISE BY RAILWAY. 



Enforcing 
award. 



Evidence of 
arbitrator. 



It is not proposed to go into all the cases in whic^ awards 
were set aside prior to the Arbitration Act, 1889. The 
powers now possessed by the Court are so much greater 
since that Act, that in many cases where the Court 
would formerly have been compelled to set aside the award 
it might now find some other means of doing justice to 
the parties, as by directing the arbitrator to state a case 
for its opinion. 

Enforcing Award. 

Under the Arbitration Act, 1889 (/), an award on a 
submission may, by leave of the Court or a judge, be en- 
forced in the ssime manner as a judgment or order to the 
same effect. And the Rules of the Supreme Court pro- 
vide {g) that an award may, with the leave of the Court or 
a judge, and on such terms as may be just, be enforced at 
any time, though the time for moving to set it aside has 
not yet elapsed. 

It has been decided by the House of Lords {h) that an 
arbitrator can be called as a witness in a legal proceeding 
to enforce his award ; he may be asked questions as to what 
passed before him, and as to what matters were presented 
to biTTi for consideration ; but no questions can be put to 
him as to what passed in his own mind when exercising 
his discretionary power on the matters submitted to him. 

Also the Court will admit the evidence of an arbitrator 
in explanation of his award where it appears there has been 
some mistake on his part(t). 

If, however, an arbitrator's award has not been taken up 
he is privileged from producing, as a witness, either the 
award, the submission, or papers obtained by him from 



(/) Sect. 12. 
Ig) Ord. XLT T . r. 31 a. 

\h) Buccleugh v. Met. Board of Works, L. E. 5 H. L. 418. See 
also Anon.f 3 Atk. 644 ; Pons/ord v. Swainey John. & H. 433. 
(t) In re Dare Valley By, Co., L. E. 6 Eq. 429. 



ARBITRATIONS. 176 

experts for his guidance, and from disclosing the contents 
of the award ; but arbitrators are bound to produce docu- 
ments handed to them during the investigation hj the 
party who calls them {k). 

Coats. 

Unless the contrary is expressed in the submission it is Oosti. 
provided (/), that " the costs of the reference and the award 
shall be in the discretion of the arbitrators or umpire, who 
may direct to and by whom and in what manner those costs, 
or any part thereof, shall be paid, and may tax or settle the 
amount of costs to be so paid, or any part thereof, and may 
award costs to be paid as between solicitor and client." 
And this applies under a submission dated prior to the 
Act where the arbitration took place after the Act(m). 

And with regard to orders made under the Arbitration Coate nnder 
Act, 1889, it is provided (w), that " any order made under Aot.^ 
this Act may be made on such terms as to costs or other- 
wise as the authority making the order thinks just." 

But the decision of the Court on a special case stated by 
the arbitrator in the course of the reference is not an " order" 
so as to enable the Court to order payment of the costs of 
the special case. Such costs are costs of the reference, and 
therefore the arbitrator may direct by whom they are to be 
paid, unless the contrary be provided in the submission (o). 

Mkcellaneom Promiona. 

The Arbitration Act, 1889, is to apply to any arbitra- Croim to be 
tion to which the crown is a party, but is not to compel ^"^d* 

{k) FoTu/ord y. Swainef John. & H. 433. 

(0 Arbitration Act, 1889 (52 & 63 Vict. c. 49), s. 2, and first 
schedule, clause (i). 

(m) In re Williams and Stepney's Cmtract, (1891) 2 Q. B. 267. 

(n) Sect. 20. 

(o) In re Knight and TahernacU Building Society, 8 Times L* B. 783. 



176 CARRIAGE OF MERCHANDISE BY RAILWAY. 

the orown to submit to a reference without its consent, 
nor is the Act to affect the law as to costs payable bj the 
crown (o). 

The Act is not to affect any arbitration pending at the 
commencement of the Act [j. e., 1st of January, 1890 (j3)], 
but applies to any arbitration commenced after the com- 
mencement of the Act under any agreement or order made 
before the commencement of the Act (q) ; and so it applies 
to an arbitration held since 1st January, 1890, under a 
submission made before that date (r). 

The Act also contains the foUowing definitions («) :— 

^^ Submission " means a written agreement to submit 
present or future differences to arbitration, whether 
an arbitrator is named therein or not. 

" Court " means her Majesty's High Court of Justice. 

" Judge " means a judge of her Majesty's High Court 
of Justice. 

" Rules of Court " mean the Eules of the Supreme Court 
made by the proper authority under the Judicature 
Acts. 

Bules of Court may be made conferring on a Master the 
powers of a judge {f). 

The Act repeab the prior enactments relating to arbitra- 
tions {u)y and does not extend to Scotland or Ireland (t?). 
It may be cited as the Arbitration Act, 1889 (w). 



(o) 52 & 53 Yict. c 49, s. 23. 

{p) Ibid. 8. 29. 

{q) Ibid. s. 25. 

(r) In re Williams and Stepney, (1891) 2 Q. B. 257. 

(«) 52 & 33 Vict. c. 49, s. 27. 

[t) Ibid. B. 21. 

(u) Ibid. 8. 26. 

(v) Ibid. 8. 28. 

(w) Ibid. B. 30. 



ARBITRATIONS UNDER ACTS OF 1874 AND 1889. 177 



References under Order of Court. 

The following provisions of the Arbitration Act, 1889, 
apply to references under order of Court : — 

Sect. 13 '*(!). Sabject to Rules of Court {w), and to any right to 
haye particular cases tried by a jury, the Court or a judge may 
refer any question arising in any cause or matter, other than a 
criminal proceeding by the Crown, for inquiry or report to any 
official or special referee. 

** (2) The rejiort of an official or special referee may be adopted 
wholly or partially by the Court or a judge, and if so adopted may 
be enforoed as a judgment or order to the same effect." 

Sect. 14. *^ In any cause or matter (other than a criminal pro- 
ceeding by the Crown) — 

(a) If all the parties interested who are not imder any disability 

consent; or 

(b) If the cause or matter requires any prolonged examination of 

documents, or any scientific or local investigation, which 
cannot, in the opinion of the Court or a judge, conveniently 
be made before a jury or conducted by the Court through 
its ordinary officers ; or 
Cc) If the question in dispute consists wholly or in part of matters 
of account ; 
the Court or a judge may at any time order the whole cause or 
matter, or any issue of fact arising therein, to be tried before a 
special referee or arbitrator respectively agreed on by the parties, 
or before an official referee or officer of the Court. 

*^ A reference of * all matters in difference ' between the parties is 
not within this section, and can only be made by consent " (x). 

Sect. 15 " (1). In all cases of reference to an official or special Powers and 
referee or arbitrator under an order of the Court or a judge in any remuneratioii 
cause or matter, the official or special referee or arbitrator shall be ^' arbitrators, 
deemed to be an officer of the Court, and shall have such authority, 
and shall conduct the reference in such manner as may be pre- 
scribed by rules of Court (y), and subject thereto as the Court or 
judge may direct. 



{w) See Eules of Supreme Court, Ord. XXXVI. rr. 6, 52 a, 
and 55 c. 

(x) Darlington Waggon Co, v. Harding, (1891) 1 Q. B. 245. 

(y) See Ord. XXXVI. r. 45 et seq. 

D. N 



178 CARRIAGE OF MERCHANDISE BY RAILWAY. 

*' (2) The report or award of any official or special referee or 
arbitrator on any Buch reference shall, unless set aside by the Court 
or a judge, be equivalent to the yerdict of a jury. 

** (3) The remuneration to be paid to any special referee or arbi- 
trator, to whom any matter is referred under order of the Court or 
a judge, shall be determined by the Court or a judge." 

Where an award had not been taken up and the arbitrator taxed 
his costs under this section he was held entitled to recoyer them 
from the parties (z). 

Sect. 16. ** The Court or a judge shall, as to references under order 
of the Court or a judge, haye all the powers which are by this Act 
conferred on the Court or a judge as to references by consent out 
of Court." 

Sect. 17. ** Her Majesty's Court of Appeal shall haye all the 
powers coiiferred by this Act on the Court or a judge thereof imder 
the provisions relating to references under order of the Court." 

(2) WUIU v. Wakeley, 7 Times L. R. 604. 



( 179 ) 



PART THE SECOND. 



PROVISIONAL ORDERS OF THE BOARD OF 
TRADE, AS SANCTIONED BY PARLIAMENT, 

THE CLASSIFICATION OF MEECHANDISE TRAFFIC 

Ain) 
THE SCHEDULE OF MAXIMUM BATES AND CHARGES 

APPLICABLE THEEETO. 



An Act to confirm a Provisional Order made hy the 
Board of Trade under the Railway and Canal 
Traffic Act J 1888, containing the Classification 
of Merchandise Traffic^ and the Schedule of 
Maximum Rates and Charges applicable thereto^ 
of the [London and North Western (a)] Rail- 
way Company y and certain other Railway Com- 
panies connected therewith. 

Whereas under the Railway and Canal Traflfic 6i&62Viot. 
Ac5t, 1888, the Board of Trade embodied in a " 
provisional order the classification of merchandise 
traffic and schedule of maximum rates and charges. 



(a) Instead of tlie words '* London and North Western,*' there may be 
here substitated the name of any company to which a proyisional order 
applies. 



180 



PROVISIONAL ORDERS OF THE BOARD OF TRADE. 



Short title. 



Ck>nfirmatioii 
of Order in 
Bohedale. 



including all terminal charges which, in the 
opinion of the Board of Trade, ought to be 
adopted by the [^.London and North Western] Rail- 
way Company, and the railway companies con- 
nected therewith, which are mentioned in the 
schedule to the said provisional order : 

And whereas it is expedient that the provisional 
order, as set out in the schedule to this Act 
annexed, be confirmed by Act of Parliament : 

Be it therefore enacted by the Queen's most 
Excellent Majesty, by and with the advice and 
consent of the Lords Spiritual and Temporal, 
and Commons, in this present Parliament as- 
sembled, and by the authority of the same, as 
follows : 

1. This Act may be cited as the [^London and 
North Western'] Railway Company (Rates and 
Charges) Order Confirmation Act, 1891 (i). 

2. The order, as set out in the schedule to this 
Act annexed, shall be and the same is hereby 
confirmed, and all the provisions of the said order 
in manner and form as they are set out in the 
said schedule shall, from and after the passing of 
this Act, have full validity and effect. 



{b) The abort title to eaob railway company's Act will be found under 
the beading of tbat company in l^at part of tbis work dealing witb 
special conditions and rates for goods and minerals, pott, pp. 216 et seq. 



SCHEDULE. 181 



Schedule. 



[LONDON AND NORTH WESTERN'] 
RAILWAY COMPANY. 

Order of ihe Board of Trade under the Railway and 
Canal Traffic Acty 1888, embodying the dassifi- 
cation of merchandise traffic and the authorised 
schedule of maximum rates and charges ^ including 
all terminal charges applicable to the said classifi- 
cation of the [London and North Western'] Railway 
Company^ and certain other railway companies 
connected therewith. 

1 . This order may be cited as the [London and short tiUe. 
North Western] Railway Company (Rates and 
Charges) Order, 1891. 

The ahoit titles of the Orders confirmed in 1892 vary slightly in 
form from those confirmed in 1891, so in the case of each company 
the short title of the prorisional order will be found in the part 
dealing with special conditions and rates, pp. 216 et seq, 

2. This order shall come into force and have Commenoe- 
effect [on the 1st of August, 1892,] or such later °^"* ' 
date as the Board of Trade may by order direct, 

which date is in this order referred to as the 
commencement of this order. 

The date is 1st August, 1892, as printed, for the nine companies 
haying a terminus in London, and for the other companies the 
Ist January, 1893. But as in the case of those nine companies the 
Board of Trade have extended the commencement to the Ist of 
January, 1893, aU the proyisional orders will come into force on 
the same day, viz., Ist January, 1893. 

3. This order is to be read and construed sub- interpret*- 
ject in all respects to the provisions of the Railway 

and Canal Traffic Acts, 1873 and 1888, and of 



182 PROVISIONAL ORDERS—GENERAL CONDITIONS. 

any other Acts or parts of Acts incorporated 
therewith. 
Schediiie of 4, From and after the commencement of this 

mftzimiixii 

rates and order the maximum rates and charges which the 
[London and North Western'] Railway Company, 
and the railway companies connected therewith 
mentioned in the appendix to the schedule to 
this order in respect of railways mentioned in 
the said appendix, shall be entitled to charge and 
make in respect of merchandise traffic on the 
railways of the said companies, shall be the rates 
and charges specified in the schedule to this order 
annexed, and shall be subject to the classification, 
regulations and provisions set forth in the said 
schedule. 

The appendix to each company's schedule is piinted immediately 
before the maximum rates applicable to the company, pott^ pp. 216 

ENGLISH RAILWAYS (t?). 

GENERAL CONDITIONS. 

Schedule of Maximum Rates and Charges^ and 
Classification of Merchandise Traffic applicable 
to the [London and North Western (c?)] Rail- 
way Company and certain other Companies con- 
nected therewith. 

I. — Maximum Rates and Charges. 
1 . This schedule of maximum rates and charges 
shall be divided into six parts : Part I,, contain- 
ing the maximum rates and charges authorised 
in respect of the merchandise comprised in the 

(tf) The North Eastern Railway has general conditions similar to the 
Sootoh railways, poaty p. 336. 
(<Q Or insert any railway to which a provisional order applies. 



SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC. 183 

several classes of merchandise specified in the 
classification. Part II. and Part III., containing 
the maximum rates and charges authorised in 
respect of animals and carriages as therein men- 
tioned. Part IV., specifying the exceptional 
charges mentioned in such part, and the circum- 
stances in which they may be made. Part V., 
containing the rates and charges authorised in 
respect of perishable merchandise by passenger 
train, with the provisions and regulations which 
are to apply to such class of merchandise ; and 
Part VI., containing the rates and charges autho- 
rised in respect of small parcels by merchandise 
train, with the provisions and regulations which 
are to apply to such parcels. 

Part I. will be found for the yarious railway companies on pp. 
216 to 327. 

Parts II., m., IV., v., and VI., are identical for all the English 
railway companies, and will be found on pp. 208 to 215. 

The following clauses (1 to 28 induaiye) are, except where spe- General 
cially mentioned, common to the schedules of all the English com- conditions, 
panics, and are hereafter referred to as the * * general conditions," and 
may conveniently be divided as foUows :— clauses 2 to 9 inclusive, 
and clause 22 (returned empties), specify what charges the company 
may make, and what services are covered by such charges in each 
case. 

Clauses 10 to 18 inclusive deal with the manner in which the rate 
is to be calculated. 

Clauses 1^ to 21 inclusive, and 23 to 28, are of a miscellaneous 
character. 

It will be noticed that in these clauses a curious distinction is Carriage and 
drawn between the expressions ** carriage " and ** conveyance." conveyance. 

To understand this and the following sections, it will be necessary 
to consider the charging powers of the majority of railway com- 
panies prior to the commencement of these provisional orders. As 
is well known, the contract of carriage usually entered into by 
railway companies is either for carriage of the goods from ono 
station to another at a station-to- station rate, or for tho carriage of 
the goods from tho point of dojiarture to the ultimate consignee at 



184 PROVISIONAL ORDERS — GENERAL COKDITIOKS. 

a collection and delivery rate, and in practice a single gross charge 
is made in both, oases. 

But, in the first case, the services of the company are confined to 
acts performed on their own Hne, wliile in the second they act as 
carriers by road as well as by rail. The rate clauses of most com- 
panies' special Acts provided a maximum rate for conveyance 
which was to include the provision of trucks smd locomotive power, 
and every other expense incidental to such conveyance, except 
a reasonable sum for loading and unloading, covering collection 
and delivery, and every other service incidental to the duty or 
Terminal business of a carrier. Clauses similar to this occasioned much liti- 

question. gation, and raised what was called the terminal question. On the 

Traders' view, part of the traders, it was contended that the distinction in such 
clauses was virtually that above mentioned between station to 
station traffic, which was intended to be covered by the conveyance 
rate, and collection and delivery traffic, or traffic in which the 
company performed duties or services other ihan carriage by rail- 
way, and that the carrier for whose services the company might 
charge when performed by them in addition to their conveyance 
rate, meant a carrier to and from the railway as distinguished from 
a carrier on the line, and that, in this view, accommodation provided 
at the terminal station was not to be the subject of a separate 
charge (e). 
Companies' On the other hand, the railway companies maintained that a 

^®^' distinction of a much less simple character was intended. They 

said that in the early days of railway traffic the great carriers, 
such as Fickford, or Chaplin & Home, had been in the habit of 
undertaking the carriage of goods, either owning the goods stations, 
or renting them from the railway companies, and bringing the 
goods to their stations and there sorting, loading, and labelling 
them, and receiving them again at the end of their trsmsit by rail- 
way, sorting them in their goods sheds, and delivering them to the 
ultimate consignees, the railway company doing nothing but the 
haulage from point to point on the railway, while the carrier in- 
cluded in his charge sufficient to recoup himself for the provision 
of the goods stations smd all the work of sorting, weighing, check- 
ing, labelling, clerkage, and other work necessary to prepare the 
goods for transit by railway. The railway companies contended 
that, having succeeded to the business of these large carriers and 
acquired their stations and goods sheds, they were entitled to 
charge their maximum rate for conveyance, for the haulage from 
point to point, and in addition thereto a reasonable sum for the 

{e) See an excellent statement of this view by Sir F. Petl in Uall v. 
X. B, ^ S. C. Ity. Co,, 16 Q. B. D. 614 ; 4 B. & Mac. 398. 



SCHEDULE OF MAXIMUM BATES AND CHARGES, ETC. 185 

proyisioii of staidon acoommodation, and the services rendered by 
them at their terminal stations, which had formerly been per- 
formed by Pickford or Chaplin & Home, or the other carriers. 
This view has finally been upheld by the Court of Appeal (/), and 
there can be no doubt that it is the basis on which these provisional 
orders have been framed. Thus, under these provisional orders, 
when a railway company undertakes the carriage of goods at 
station-to- station rates, they are entitled to make : — 

(1.) A charge for conveyance or haulage from point to point, CJonveyance. 

limited by the maximum conveyance rate (clause 2) ; 
(2.) A charge for station terminals, limited by the maximum Station 

station terminal for the particular class of goods (clause 3) ; terminal. 
(3.) A charge for services when rendered by the company at the Servioe 
terminal stations, limited in respect of each servioe by the terminal, 
appropriate maximum service terminal (clause 4) ; 
(4.) A charge for certcdn special services, if required by the Special 
trader, ** by way of addition to the tonnage rate," which in- senricee. 
elude collection and delivery when the traffic is consigned at 
collection and delivery rates (clause 5) ; 
(5.) In the case of merchandise in Class A., when the traffic is Tracks, 
conveyed in the company's trucks, they may make a charge 
for the provision of trucks, limited by the maximum truck 
rate (clause 9). 

2(ff). The maximum rate for conveyance is the Maximum 
maximum raje which tne company may charge ^^^^^^^ 
for the conveyance of merchandise by merchan- 
dise train ; and, subject to the exceptions and 
provisions specified in this schedule, includes the 
provision of locomotive power and trucks by the 
company, and every other expense incidental to 
such conveyance not hereinafter provided for. 
Provided that — 

(a) The provision of trucks is not included in 
the maximum rates applicable to merchan- 

(/) Sowerby v. G. N, J2y. Cb., 7 B. & Mac. 166 ; afflrmiog Hall v. 
X. B. ^ S. (7. Ry, Co.^ 5 B. & Mac. 28 ; 16 Q. B. D. 614. For an elabo- 
rate and careful statement of this view of the law, see the judgment of 
Wills, J., in that case, 5 B. & Mac. 30 ; 15 Q. B. D. 636. 

{g) Clause 2 of the proyisional order of the North Eastern Hailway 
Company differs from this, and is similar to that of the Scotch companies. 
Seejw^^, p. 336. 



186 



PROVISIONAL ORDERS — GENERAL CONDITIONS. 

dise specified in Class A. of the classifi- 
cation, and the company shall not be 
required to provide trucks for the con- 
veyance of such merchandise, or for the 
conveyance of lime in bulk or salt in 
bulk, or of the following articles when 
carried in such a manner as to injure the 
trucks of the company ; that is to say, 
ammoniacal liquor, creosote, coal tar, gas 
tar, gas water, or gravel tarred for paving, 
(b) Where, for the conveyance of merchan- 
dise, other than merchandise specified in 
Class A. of the classification, the company 
do not provide trucks, the rate authorised 
for conveyance shall be reduced by a sum 
which for distances not exceeding 50 miles, 
shall, in case of difference between the 
company and the person liable to pay the 
charge, be determined by an arbitrator to 
be appointed by the Board of Trade, and 
for distances exceeding 60 miles shall be 
the charge authorised to be made by the 
company for the provision of trucks when 
not included in the maximum rate for con- 
veyance. 

For the maximum rate which the company may make for the 
provision of trucks for merchandise, when not included in the 
maximum rate for conveyance, see clause 9 hereof. The nmximum 
rates for conveyance for different companies vary in each case. 
They will be found under the heading of each particular company, 
together with any special conditions applicable to the company. 

To ascertain by what schedule a particular railway is governed, 
reference must be made to the Index of Bail ways, p. 529. 

A synopsis of the different rates will be found p. 453. 

For short distances, less than six miles, see clause 11. 



SCHKDULE OF MAXIMUM RATES A^D CHARGES^ ETC. 187 

In estijnating the distance for the purpose of Exing the maximum 
conyeyance rate, no part of the railway is to be included which is 
subject to a charge for station terminal (clause 10). 

For fractions of a mile, see dause 14. 

3. The maximum station terminal is the maxi- Maximam 

1 1 * 1 j^i 1 J station 

mum charg e which the company may make to a terminal, 
trader Torthe use o f the accommodation (exclusive 
of coal drops) provided, and for the duties under- 
taken by the company for which no other provision 
is made in this schedule, at the terminal station 
for or in dealing with merchandise, as carriers 
thereof, before or after conveyance. 

The maximum station terminals for each class of traffic will be 
found after the maximum rate for that class (see note to clause 2, 
ante). 

Where a charge is made for station terminal, no portion of the 
railway which is subject to the charge for station terminal is to be 
included in estimating the conveyance rate (clause 10). 

For the definition of a *^ terminal station," see clause 26. 

The use of coal drops is a special service for which the company 
may make a reasonable charge (see clause 5). 

4. The maximum service terminals are the Maximum 
maximum c harges which the company may make t^Saia. 
to a trader for the following services, when 
rendered to or for a trader, that is to say, 
loading, unloading, covering, and uncovering 
merchandise, which charges shall, in respect of 

each service, be deemea to include all charges 
for the provision by the company of labour, 
machinery, plant, stores, and sheets. Provided 
that — 

Where merchandise conveyed in a separate 
truck is loaded or unloaded elsewhere than in a 
shed or building of the company, the company 



188 PROVISIONAL ORDERS — GENERAL CONDITIONS. 

may not charge to a trader any service terminal 
for the performance by the company of any of 
the said services if the trader has requested the 
company to allow him to perform the service for 
himself, and the company have unreasonably 
refused to allow him to do so. Any dispute 
between a trader and the company in reference 
to any service terminal charged to a trader, who 
is not allowed by the company to perform for 
himself the service, shall be determined by the 
Board of Trade. 

The maximum service terminals for traffic in classes C. to 5 of 
the classification will be found after the maximum rate for each 
class of traffic : see note to clause 2, ante. 
Service It will be observed that maximum service terminals are only 

^""^^*t5 ^^' fixed by these schedules in the case of traffic comprised in classes 
C. to 5 inclusive. When loading or unloading, covering or un- 
covering, merchandise is performed by the company for traffic in 
classes A. or B., such service becomes the subject of a special 
charge, for which a reasonable sum by way of addition to the 
tonnage rate may be exacted : see clause 5. 

There is an important distinction between charges for service 
terminals made under this clause, and those made under clause 5 
for special services. Except in the case of merchandise conveyed in 
a separate truck, and loaded or unloaded elsewhere than in a shed or 
building of the company, the trader has no option of performing the 
service himself, nor is there any provision made to enable the trader 
to dispense with any of these services which he may not require. 
Under clause 5, however, it is open to the trader to give notice to 
the company that he does not require any of the special services 
there mentioned, in which case no charge can be made by the 
company for their performance. 

It is curious that under this clause any dispute with regard to a 
waggon loaded elsewhere than in a shed or building of the company 
is to be determined by the Board of Trade, whilst other disputes 
referred to in the provisional orders are to be determined by an 
arbitrator to be appointed by the Board of Trade. Having regaid, 
however, to the Board of Trade Arbitrations Act, 1874 (see clause 
25), the Board of Trade will be able to appoint any person to hold 



SCHEDULE OF MAXIMUM RATES AND CHAKGESy ETC. 189 

an inqiiiry on their behalf, and the result will not be yery 
dissimilar. 

This clause makes no provision for the reduction of the 
maximum where the terminal services are performed partly by 
the company and partly by the trader; and it has been held 
under the old law that a carrier, whose men gave assistance to a 
railway company in the loading, imloading, and weighing of goods, 
voluntarily or for the carrier's own convenience, was not entitled 
to recover any allowance from the railway company in respect of 
such assistance {g) . With regard to merchandise loaded or unloaded 
in the company's sheds, this would probably stlU be the law. But 
it is submitted that if the merchandise was loaded or unloaded 
elsewhere, and the trader had applied to be allowed to perform the 
service himself, the fact that he had been allowed partially to do so 
might fairly be taken into consideration by any arbitrator to whom 
a dispute under this section had been referred. 



sernoefi. 



5. The company may charge for the services Spedai 
hereunder mentioned, or any of them, when 
rendered to a trader at his request or for his 
convenience, a reasonable sum, by way of addi- 
tion to the tonnage rate. Any difference arising 
imder this section shall be determined by an 
arbitrator to be appointed by the Board of Trade 
at the instance of either party. Provided that 
where before any service is rendered to a trader 
he has given notice in writing to the company 
that he does not require it, the service shall not 
be deemed to have been rendered at the trader's 
request or for his convenience : — 

(i.) Services rendered by the company at or in 
connexion with sidings not belonging to 
the company. 

(ii.) The collection or delivery of merchandise 
outside the terminal station.' 



{g) Edwards v. G. W. Ry, Co., 11 C. B. 688. 



190 PROVISIONAL ORDERS GENERAL CONDITIONS. 

(iii.) Weighing merchandise. 

(iv.) The detention of trucks, or the use or 
occupation of any accommodation, before 
or after conveyance, beyond such period 
as s h all b e reasona bly n ecessar y for e n- 
abling t he c o mpany to deal_with the 

merchandis e as carriers tljergpf, or the 
consignor or co nsignee to give ot^ t al^e 
delivery t hereo f ; or, in cases in which 
the merchandise is consigned to an ad- 
dress other than the terminal station 
beyond a reasonable period from the time 
when notice has been delivered at such 
address that the merchandise has arrived 
at the terminal station for delivery. And 
services rendered in connexion with such 
use and occupation. 

(v.) Loading or unloading, covering or uncover- 
ing merchandise comprised in Class A. or 
Class B. of the classification. 

(vi.) The use of coal drops. 

(vii.) The provision by the company of accom- 
modation at a waterside wharf, and special 
services rendered thereat by the company 
in respect of loading or unloading mer- 
chandise into or out of vessels or barges 
where no special charge is prescribed by 
any Act of Parliament. Provided that 
charges under this sub-section shall for 
the piirposes of sub-section (3) of sec- 
tion 33 of the Railway and Canal Traffic 
Act, 1888, be deemed to be dock charges. 



SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC. 191 

See note to clause 4, ante. 

The law relating to priyate sidings has been discussed ante, (i.) Sidings, 
pp. 24 to 28. 

Under this clause a railway company would probably be justified 
in making a charge in respect of their engine proceeding for any 
distance along the siding to collect trucks, and also for any mar- 
shalling or shunting which they performed for the trader on his 
priyate siding ; but if the trader had arranged his trucks properly, 
and as near to the entrance of the siding as was reasonably safe, 
the compcmy would probably be unable to charge for going on to 
the line merely to attach the trader's trucks to their engine as a 
special service (A), such service being a reasonable facility. 

Sect. 76 of the BaUways Clauses Act, 1845, provides that, in the 
case of sidings made under that section, ** the company shall take 
no rate, toll, or other moneys for the passing of passengers* goods 
or things along any branch " made under that section. 

A private siding would not come within the definition of a 
terminal station (clause 26), but sidings made under agreement 
with a railway company would be subject to the terms of that 
agreement, and sidings provided by the company would be subject 
to the charges authorized by clause 7, post (t). 

As to collection and delivery, see p. 50. (ii.J Collection 

Hitherto a railway company have been allowed to make a charge ^^^ delivery, 
to a trader for weighing his merchandise if they could prove an ("^0 ^V'eigh- 
agreement with him that they should do so, either expressly or by ^' 
implication {k) ; but in the absence of some agreement they could 
make no sudi charge (/). The fact of a railway company being 
now specifically empowered to make such a charge would seem to 
relieve the company of the onus of proving an agreement to pay 
the charge ; but at the same time it is submitted that the company 
could be called upon to show that the weighing was done for the 
convenience or at the request of the trader, and not simply for the 
purpose of checking for the benefit of the company. . 

Sub-sect. 4 seems to authorize two separate charges : (1) a charge (iv.) Deten- 
for demurrage for detention of trucks ; (2) a charge for wharfage ^^^ *** trucks, 
or warehousing. 

The charge for wharfage or warehousing only arises after 

{h) Watkinton v. JFrexham, Mold ^ C<mnah'$ Quay Ry, Co.y 3 N. & 
Mao. 6 ; ThttrtU Sulphur % Copper Co. v. X. % N. W, Ry, Co,y 3 N. & Mac. 
456. 

(t) See ante^ p. 27. 

\k) L. ^ X. W. Ry, Co. v. Price, 11 Q. B. D. 485. 

(V) Lane. % York. Ry. Co. v. Oidliw, 42 L. J. Ex. 129. 



192 PROVISIONAL ORDERS— GENERAL CONDITIONS. 

the expiration of the time reasonably necessary for the company 
to deal with the merchandise or the consignee to take deliyery 
thereof. 

It is not clear from the wording of the sub-section whether the 
charge for demurrage is subject to the same limitation, or whether 
any detention of trucks can be charged for. 

It is believed that in practice charges for demurrage are not 
made until the expiration of a reasonable time after the arriyal of 
the truck at its destination, and the fact of these two charges being 
grouped together in the same sub-section would seem to point to 
their being both subject to the limitation following them. 

But even if this view be adopted, it is probable that the company 
might be entitled to make a charge if they allowed their trucks to 
be used on a trader's siding off their own line ; and in a case before 
the old Bailway Commissioners, where a railway company were in 
the habit of supplying waggons to traders who loaded and un- 
loaded them on their own premises, and hauled them to and from 
the railway compaoy's stations at their own expense, the company 
were held entitled to a reasonable charge in respect of the waggons 
haying been used on places off their own line, and Id, was thought 
to be a reasonable remuneration (m). 

Where trucks belonging to a trader are detained by the company 
for an unreasonable length of time, he can now reooyer demurrage 
against the company. (See clause 6.) 

(▼.) Claases For loading, unloading, coyering, and uncoyering merchandise 

A. and B. comprised in classes C. to 5, see clause 4, ante. 

The fact of charges for loading and unloading, &c., merchandise 
in classes A. and B. being placed in this clause instead of clause 4, 
will haye the effect of enabling the trader always to perform the 
service for himself if he desire to do so. 

(vi.) Coal The Railway Commissioners have held 2d, per ton to be a 

drops. reasonable charge for the use of coal drops, a small rent also being 

charged for the exclusive use of a particular coal drop {n) ; but 
where the company charged the consignee for the use of coal drops, 
and also tried to charge the consignor for the same, they were 
restrained from doing so (o). 

(vii.) Wharves Sect. 33 of the Traffic Act of 1888 provides for the division of 
rates, and sub-sect. 3 requires a railway company, on application 
being made, to distinguish the charges for conveyance for terminals 
and for dock charges : see p. 92, ante, 

(m) Aberdeen Oommereial Co, v. Gt, North, Sc, Ry, Co,, 3 N. & Mao. 205. 
(n) Dunkirk Colly. Co, v. M, S, # X. By, Co., 2 N. & Mao. 402. 
(o) Ibid. 



SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC. 193 

6. Where merchandise is conveyed in trucks Detention of 
not belonging to the company, the trader shall be company! 
entitled to recover from the company a reasonable 

sum by way of demurrage for any detention of 
his trucks beyond a reasonable period, either by 
the company or by any other company over 
whose railway the trucks have been conveyed 
under a through rate or contract. Any difference 
arising under this section shall be determined by 
an arbitrator to be appointed by the Board of 
Trade at the instance of either party. 

For the converse case of detention of trucks by tlie trader, see 
clause 5, sub-s. (iv.), and note thereto. 

A trader is entitled to haye his empty trucks returned to him 
free of charge (clause 23). 

7. Nothing herein contained shall prevent the siding rent. 
company from making and receiving, in addition 

to the charges specified in the schedule, charges 
and payments, by way of rent or otherwise, for 
sidings or other structural accommodation pro- 
vided or to be provided for the private use of 
traders, and not required by the company for 
dealing with the traffic for the purposes of convey- 
ance, provided that the amount of such charges 
or payments is fixed by an agreement, in writing, 
signed by the trader, or by some person duly 
authorised on his behalf, or determined in case of 
difference by an arbitrator to be appointed by 
the Board of Trade. 

It is presumed that the word ** conveyance " used in this section 
is to be understood in the technical sense in which it is used in 
clause 2 (see note to clause 1), and as distinguished from carriage. 

D. O 



194 PROVISIONAL ORDERS — GENERAL CONDITIONS. 

Tranship- 3. Jn respoct of merchandise received from or 

delivered to aoother railway company having a 
railway of a different gauge, the company may 
make a reasonable charge for any service of 
transhipment performed by them, the amount of 
such charge to be determined in case of difference 
by an arbitrator to be appointed by the Board of 
Trade. 

Uflo of trucks. 9 (/). The company may charge for the use of 
the trucks provided by them for the conveyance of 
merchandise, when the provision of trucks is not 
included in the maximum rates for conveyance, 
any sums not exceeding the following : — 

(^) For distances not exceeding «. d. 

20 miles - - - 4^ per ton 

For distances exceeding 20 
miles, but not exceeding 
60 miles - - - 6 



^> ?> 



For distances exceeding 60 
miles, but not exceeding 
75 miles - - 9 

For distances exceeding 75 
miles, but not exceeding 
150 miles- - -10 

For distances exceeding 150 

miles - - - 1 3 



>? >> 



» >? 



>> » 



Variation in (i) The charge of 4Jrf. for distances not exceeding 20 miles does 

^^S ^^^ occur in the Midland Company's schedule, where the charges 

for waggon hire commence — 

" For distances not exceeding 60 miles - - 6rf/' 

and continue as above. 

(/) Note. — This clause (No. 9), as to the charge for the use of tmckB, does 
not occur in the North Eastern order, iwhich is in this respect similar to 
the Scotch railways. 



SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC. 195 

On the North Wales Narrow Guuge Bailway the charge for 
iruckB is ^d. per ton per mile {see post, p. 238). 

The provision of trucks is not included in the conveyance rate 
for class A. (clause 2, ante). 

When the company do not provide trucks for the conveyance of 
goods other than those in class A., the conveyance rate is to be 
reduced by an amount which, when the distance is under fifty miles, 
is to be determined by aibitration, and when over fifty miles, by the 
amounts specified in this clause (see clause 2 (b) ). 

II. — Provisions as to fixing Rates and Charges. 

10. In calculating the distance along the rail- Distance not 
way for the purpose of the maximum charge for tem.hwi^ 
conveyance of any merchandise, the company ■^''*''^- 
shall not include any portion of their railway 
which may, in respect of that merchandise, be the 
subject of a charge for station terminal. 

In calculatiDg the mileage for the purpose of ascertaining the 
conveyance rate, the usual plan will be to take the actual mileage 
from the point just outside the terminal station, or the point of 
junction with a private siding, as the case may be, where oonvey- 
aoce in the technical sense (explained in the note to clause I) 
commeuces, to the point at the terminus of the railway transit 
where the conveyance ceases. To this, however, there are three 
exceptions : (1) If the distance is so short as to come within the 
short distance clause (clause 11) the mileage there allowed may 
be charged for ; (2) where at the point of junction of two lines 
there is no station at which traffic can be transferred from one line 
to the other, and a railway company's usual custom is to carry the 
traffic past the junction to a neighbouring station in order to effect 
the transference, and then back along the line and through the 
junction, the company will be justified in adding the double mileage 
from the junction to such station to the actual distance from point 
to point, in order to calculate the conveyance rate (m) ; (3) in 
respect of certain portions of the line on account of the cost of con- 
struction or working that portion having been or being peculiarly 
heavy, or for some similar reason. Certain companies are specially 
authorised to charge as for a greater distance than that actually 

(m) Mpen v. X. # S. W* Ey- Co^, L. B. 6 G. P. 1. And see p. 82. 

02 



196 PROVISIONAL ORDERS — OBMERAL CONDITIONS. 

carried. The cases in wbicli this exception is authorised will be 
found in the table on p. 461. 

The question as to what portion of the line of railway travelled 
over is the subject of a charge for station terminal is likely to be 
one of some difficulty. In clause 2 the maximum conveyance rate 
is defined as the maximum rate which the company may charge 
for the conveyance of merchandise 'by merchandise train, including, 
except as otherwise provided, the provision of locomotive power 
and trucks ; and in clause 3 the maximum station terminal is called 
the maximum charge which the company may make to a trader 
for the accommodation (exclusive of coal drops) provided, and for 
the duties undertaken by the company for which no other provision 
is made in this schedule, at the terminal station, for or in dealing 
with merchandise, as carriers thereof, before or after conveyance 
(the technical sense in which the word conveyance, as distinguished 
from carriage, must be understood, is explained in the note to 
clause 1); and in clause 26 a ** terminal station" is defined as a 
station or place upon the railway at which merchandise is loaded 
or unloaded before or after conveyance on the railway. But little 
help, therefore, as to what is included in the words *' terminal 
station" is to be found in the schedule itself. From the foregoing 
extracts, however, it may be gathered that a sharp distinction is 
drawn between the service of conveyance in its technical sense, %,e., 
haulage, and other services which the company render in dealing 
with the merchandise, and that the services covered by the charge 
for station terminal end as soon as conveyance (t. f., haulage 
simply) begins. To make this distinction clear, the following 
extracts from the evidence of Mr. Findlay (r/), taken before the Board 
of Trade, have been given, but, except so far as they embody the 
views of one of our greatest railway managers, they are not to be 
taken as authoritative. 

Mr. Findlay, in his evidence before the Board of Trade at the 
inquiry at Westminster Town Hall in 1889-90, explained his view 
as to what was part of the terminal station, and what was not, as 
follows (p. 136, question 176) : — ** There is a place just outside all 
the large terminal stations, and not the largest only, but others 
which are not so large, where the formation of the trucks into train- 
loads takes place, that is, what may be called the shunting and 
marshalling of the trains; where the journey of the train com- 
mences, and also where it terminates ; and the business in connec- 
tion with the working of the station is carried on from that point 
inside the limits of the station." Q. 180. **The conveying com- 
mences at the sidings and terminates at the sidings close to the 
station? A, Quite so." 

(n) Now Sir G^rge Findlay, General Manager of the L. ft N. W. By. 



SCHEDULE OF KAXIMUM RATES AND CHARGES, ETC. 197 

And at page 21d, in answor to question 815, "You must dis- 
tinguish, it you please, marshalling from shunting. We include 
something for shunting within the station, whether that shunting 
is done by engines, by horses, or by hydraulic power. Marshalling 
is a service, as we understand it, incidental to conveyance : that is 
to say, putting the waggons into train and station order ; therefore, 
anything that is performed outside the station in the way of 
marshalling in train and station order is not included in the cost of 
terminal service." 

Mr. Courtenay Boyle asked (question 823): " Did I gather from 
you, Mr. Findlay, that, technically speaking, marshalling is diffe- 
rent from shunting, and that marshalling is done outside the goods 
station, and shunting inside the goods station P " 

Mr. Findlay replied, '* What I understand, speaking as a railway 
manager, by the term * marshalling/ means that when a train is 
formed for a given destination the waggons are marshalled, put in 
such order that they can be taken off at the stations ; where the 
waggons have to be left at any given destination they are put 
together and marshalled in station order. While shunting the 
waggons inside the station would mean taking them from separate 
sidings, either by means of an engine, or by horse, or by hydraulic 
power, and placing them alongside to load, and taking them back 
again into the reception sidings." 

Question 824, by Mr. Balfour Browne : " Would this be a correct 
description of the services : * Shunting and placing the waggons into 
position for loading at the station and haulage thence to the place 
where they are picked up by the train, including the use of junctions 
and expenses of working the same ? ' " 

Answer (Mr. Findlay) : *' That is not an unfair description." 

11. Where merchandise is conveyed for an short distance 
entire distance which does not exceed, in the ° ^^' 
case of merchandise in respect of which a station 
terminal is chargeable at each end of the transit, 
three miles, or in the case of merchandise in 
respect of which a station terminal is chargeable 
at one end of the transit four and a half miles, or 
in the case of merchandise in respect of which no 
station terminal is chargeable six miles, the com- 
pany may, except as hereinafter specially pro- 
vided, make the charges for conveyance authorised 



198 PRO^aSIONAL OBDERS — GENERAL CONDITIONS. 

by this schedule as for three miles, four and a 
half miles, and six miles respectively. Provided 
that where merchandise is conveyed by the com- 
pany partly on the railway and partly on the 
railway of any other company the railway and 
the railway of such other company shall, for the 
purpose of reckoning such short distance, be con- 
sidered as one railway. 

It will be seen hereafter that for portions of certain railways 
this short distance clause, under which the company is entitled to 
charge as for a Tnim'mum distance, is varied. 

These exceptions are as follows: — 

Alexandra (Newport and South Wales) Docks | j, ■, 
and Railway Co. (see p. 325) - - - j 



Barry Railway (see p. 325)- 
Aberdare Railway (see p. 325) 
Taff Vale Railway (see p. 325) - 



for classes 



Rhymney Railway (see p. 325) - - " r -A., and B., 

Brecon and Merthyr Railway and Pontypridd, 4 miles. 
Caerphilly, and Newport Railway (see p. 225) 

Llanelly and Mynidd Manor Railway - - > 

Buckley Railway (seep. 228), 5 miles substituted for 6 in above 

clause. 

Ely Valley Railway, 4 miles substituted for 6 in above clause. 

Great Northern Railway (see p. 252) — 

Railways to which Scale 2 (for classes A. and B.) is applicable, 
viz. : 
Nottingham, Leicestershire, Derbyshire Lines \ 

Stafford & Uttoxeter Railway - - " ( ^ miles, 

Yorkshire Lines - - - - " " I i^^tead of 6. 

Louth & Bardney Railway - - - - y 

Chreat Western Raihvay (see p. 261) — 
Railways to which Scale 3 (for classes A. and B.) is applicable, 
viz. : 
Hereford to Mountain Ash - - - 
Nantymoel to Brynmenyn 

Blackmill to Gelly Rhaidd - - - ~ I ^ miles. 
Little Ogmore Branch - - - - - instead of 6. 
Pontypool Road to Maindoe Junction - 
Blackmill Junction to Llanharran Junction ^ 



• > 



8CHBDULE OF MAXIMUM BATES AND CHARGES, ETC. 199 

London & North Western Railway (Bee p. 272) — 

Whitehaven Junction Railway ... / f or clasMS 
Cockermouth and Workington Railway - - i *^ ' 

Sirhowy Railway (for class A. trafBc conTeyed for less than 
four miles on the Sirhowy Railway, iiTcspective of origin 
and destination), the company may charge as for four 
miles. 

London & North Western & Fumess joint ( . j Tk 

«.rt «...x { A. andB., 

raUway (see pp. 243, 244) - - . j ^ ^^^ 

[Por traffic over the joint railways for a less distance than 
3 miles to Whitehaven or the Lonsdale Works, see p. 243.] 

Midland Railway (see p. 303) — 

Swansea Yale Railway (Swansea to Brynamman) - 3 miles. 

Neath A Brecon Railway (see p. 305), 4 miles suhstituted for 6 in 
the above clause. 



oom- 



12. For any quantity of merchandise less than -vnien 
a truck load which the company either receive or ^^™*^p 
deliver in one truck, on or at a sidinor not belong- minimuni 

. ® ® truck load. 

ing to the company, or which, from the circum- 
stances in which the merchandise is tendered, or 
the nature of the merchandise, the company are 
obliged or required to carry in one truck, the 
company may charge as for a reasonable mini- 
mum load, having regard to the nature of the 
merchandise. 

** As for a reasonable minimum load." This would probably be 
in the case of merchandise in classes A. and B. four tons, and 
class C. two tons (n). It will also be found that certain articles are 

{n) This saggestion is made for the following reason. In the year 1832 
traffic in the Mineral Class of the Clearing House GlassificAtioD had to be 
in '*fiill loads." This, however, gave rise to diffioalty in determiDing 
what was a fall load, and cooseqaently in 1861 '*fuU loads*' were 
changed to *' four- ton loads *' (tiee the evidence before the Parliamentary 
Committee on Railway Rates, 1891, of Mr. Findlay, Q. 3172, and Mr. 
Lambert, Q. 3272) ; and a similar scheme seems to have been adopted in the 
prerteiit classification (see pott^ 365, 366} . The southern compauies adopted 
a five- ton minimum, hut the four- ton minimum for cla8>eH A. and B, 
now apphes to both northern and southern companies, 



200 



PROVISIONAL ORDERS— GENERAL CONDITIONS. 



put into a particular class in the classification when consigned in 
quantities of not less than so many hundredweight, which might 
be adduced as evidence of what made a reasonable truck load. 

With regard to classes 1 to 5, however, the quantity which would 
form a reasonable minimum load would vary with each article, and 
the ordinary custom of railway traffic. 



Fraotions of 
a ton. 



Fraction of 
mile. 



Fraction of 
penny. 



Weight. 



Stone. 



13. Wliere a consignment by merchandise train 
is over three hundredweight and under 5 tons in 
weight, a fraction of a quarter of a hundredweight 
may be charged for as a quarter of a hundred- 
weight; and where a consignment by merchan- 
dise train is over five tons in weight, a fraction 
of a quarter of a ton may be charged for as a 
quarter of a ton. 

14. For a fraction of a milfe the company may 
charge according to the number of quarters of a 
mile in that fraction, and a fraction of a quarter 
of a mile may be charged for as a quarter of a mile. 

15. For a fraction of a penny in the gross 
amount of rates and charges for any consignment 
for the entire distance carried, the company may 
demand a penny. 

As to siding to siding traffic on the North Staffordshire, see 
poet, p. 316. 

16. Weight (except as to stone and timber 
when charged by measurement) shall be deter- 
mined according to the imperial avoirdupois 
weight. 

17. All stone shall be charged at actual weight, 
when the weight can be conveniently ascertained. 
When the actual weight of stone in blocks cannot 
be conveniently ascertained, fourteen cubic feet of 
stone in blocks may be charged for as one ton. 



SCHEDULE OF MAXIMUM RATES AKD CHARGES, ETC. 201 

and smaller quantities may be charged for in the 
like proportion. 

18. When timber is consigned by measurement Timbep. 
weight, forty cubic feet of oak, mahogany, teak, 
beech, greenheart, ash, elm, hickory, ironwood, 
baywood, or other heavy timber, and fifty cubic 

feet of poplar, larch, fir, or other light timber 
other than deals, battens, and boards, and sixty-six 
cubic feet of deals, battens, and boards, may be 
charged for as one ton, and smaller quantities may 
be charged for in the like proportion. The cubic 
contents of timber consigned by measurement 
weight shall be ascertained by the most accurate 
mode of measurement in use for the time being. 

Timber, when consigDed by actual machine weight, is placed in 
class C. of the classification, and when consigned by measurement 
weight, in class 1. 

19. Articles sent in large aggregate quantities. Separate 
although made up of separate parcels, such as 

bags of sugar, coffee, and the like, shall not be 
deemed to be small parcels. 

III. — Miscellaneous. 

20. In respect of any merchandise or article of Artidesnot 
any description which is not specified in the ciasHiflcation. 
classification, the company may, unless and until . 

such merchandise or article is duly added to this 
classification and schedule pursuant to sub-section 
eleven of section twenty-four of the Railway and 
Canal Traffic Act, 1888, make the charges which 
are by this schedule authorised in respect of 
merchandise and things in class 3. 

Under sect. 24 of the Traffic Act of 1888, sub-sect, li, **Any Addition to 
railway company may, and any person upon giving not less than o l «w ' " < ^ t ion. 



202 



PROVISIONAL ORDERS — GENERAL CONDITIONS. 



twenty-one days' notice to the railway company, may apply in the pre- 
scribed manner to the Board of Trade to amend any classification and 
schedule by adding thereto any articles, matters, or things, and the 
Board of Trade may hear and determine such application, and classify 
and deal with the articles, matters, or things referred to therein, 
in such manner as the Board of Trade may think right. Every 
determiDation of the Board of Trade under this sub-section shall 
forthwith be published in the * London Gazette,' and shall take 
effect as from the date of the publication thereof." It is to be 
observed that this power conferred on the Board of Trade is only 
to add to the classification and not to alter or subtract from it. 
Any alteration except by way of addition can only be made by 
Parliament. 



Saving for 
dock and 
shipping' 
aocommoda< 
tion. 



Heturned 
empties. 



21. Nothing herein contained shall affect the 
right of the company to make any charges which 
they are authorised by any Act of Parliament to 
make in respect of any accommodation or services 
provided or rendered by the company at or in 
connection with docks or shipping places. 

22. In respect of returned empties, if from the 

same station and consignee to which and to whom 

they were carried full to the same station and 

consignor from which and from whom they were 

carried full, the company may charge the following 

rates inclusive of station and service terminals : — 

For any distance not exceeding 
25 miles . . - 

For any distance exceeding 25 
miles but not exceeding 50 
miles . - , 

For any distance exceeding 50 
miles but not exceeding 100 
miles ... 

For each additional 50 miles or 
part of 50 miles 

The minimum weight to be 56 lbs., with 

minimum charge of 3d. 



Sd. per cwt. 



4t/. 



}y 



Sd. 



Sd. 



}} 



9) 



K 



SCHSDT7LE OF HAl^IHUM RATES AND CHAKGES, ETC. 203 

Provided that — 

(1.) Returned empty sacks and bags shall not 
be charged more than half the above rates, 
with a minimum charge of 4(/. 

(2.) Returned empty carboys or crates (other 
than glass manufacturers' crates and crates 
taken to pieces and so packed) may be 
charged double the above rates. 

(3.) Returned empty fish packages shall not be 

charged more than the following rates : — 

For anv distance not ex- 

ceeding 50 miles - 4rf. per cwt. 

For any distance exceed- 
ing 50 miles, but not 
exceeding 100 miles 6rf. „ 

For any distance exceed- 
ing 100 miles, bat not 
exceeding 150 miles - 7d. „ 

For any distance exceed- 
ing 150 miles, but not 
exceeding 200 miles - 8(/. „ 

For any distance exceed- 
ing 200 miles, but not 
exceeding 250 miles - 9rf. ,, 

For any distance exceed- 
ing 250 miles, but not 
exceeding 300 miles - lOd. „ 

For any distance exceed- 
ing 300 miles - -lid. „ 

The minimum weight to be 56 lbs., with a 

minimum charge of 4rf. 

Empty cases, casks, crates, hampers, and other empties not 
included in the above appear in class 5 of the classification. 

In the case of the Irish railways there is a fourth sub-section to 
the proviso in this section, dealing with brewers' returned empties : 
it will be ioxmdpost, p. 331. 



204 



PEO VISIONAL ORDERS— GENERAL CONDITIONS. 



Tradera' 
empty tracks. 



GompanieB 
exerdHing 
rauning 
powers. 



23. Where merchandise is conveyed in a 
trader's truck, the company shall not make any 
charge in respect of the return of the truck 
empty, provided that the truck is returned empty 
from the consignee and station or siding to whom 
and to which it was consigned loaded, direct to 
the consignor and station or siding from whom 
and whence it was so consigned, and where a 
trader forwards an empty truck to any station or 
siding for the purpose of being loaded with mer- 
chandise the company shall make no charge in 
respect of the forwarding of such empty truck, 
provided the truck is returned to them loaded for 
conveyance direct to the consignor and station 
or siding from whom and whence it was so 
forwarded. 

Under clause 6 a trader can recover a reasonable sum by way of 
demurrage for any detention of his trucks beyond a reasonable 
period. 



24. Any railway company (other than the com- 
pany) conveying merchandise on the railway, or 
performing any of the services for which rates or 
charges are authorised by this schedule, shall be 
entitled to charge and make the same rates and 
charges as the company are by this schedule 
authorised to make. 
Arbitrations. 25. The Board of Trade Arbitrations, &c., Act, 
1874, shall, so far as applicable, apply to every 
determination of a difference or question by arbi- 
tration under the provisions herein contained. 

The Board of Trade Arbitrations Act, 1874 (n), is divided into 
two parts ; the first part deals with inquiries by the Board of Trade 



Board of 

Trade 

inquiries. 



(n) 37 & 38 Vict. o. 40. 



SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC. 205 

and proridee (sect. 2) that where the Board of Trade are required 
to determine any matter or thing they may hold an inquiry, and 
may make orders as to the costs of the inquiry and of arbitrations. 

The second part of the Act gives power to the Board of Trade to Reference to 
refer to the decision of the Bailway Commissioners any difference Bail way 
to which a railway company is a party (except where application is aioners. 
made for the appointment of an umpire under sect. 28 of the Lands 
Clauses Act, 1845). 

The proTisions of this Act and of the Arbitration Act, 1889, will 
be found more fully discussed in the chapter on Arbitrations, a/ite, 
p. 147. 

26. In this schedule, unless the context otherwise i>ofliiitions. 
requires : — 

The term "the company" means a railway 
company to which tliis schedule applies ; 

The term " the railway '^ means any railway or 
steam tramway over which the company 
conveys merchandise, and in respect of 
which no maximum rates and charges other 
than those authorised in this schedule are 
for the time being authorised by Parlia- 
ment ; 

The term " merchandise" includes goods, cattle, 
live stock, and animals of all descriptions ; 

The term " the classification " means the classi- 
fication of goods annexed to this schedule ; 

The term "trader" includes any person send- 
ing, or receiving, or desiring to send mer- 
chandise by the railway ; 

The term "terminal station" means a station 
or place upon the railway at which a con- 
signment of merchandise is loaded or un- 
loaded before or after conveyance on the 
railway, but does not include any station or 



206 



PROVISIONAL ORDERS — GENERAL CONDITIONS. 



MerchandiBe 
in ptwsenger 
trains. 



Met. Diet. 
Ry. Co. 



junction at which the merchandise in respect 
of which any terminal is charged has been 
exchanged with, handed over to, or received 
from any other railway company, or a junction 
Tipfyppn flift T^ail way an d a siding le t by or not 
belonging to the company ,\ or in respect of 
merchandise passing to or from such siding , 
any station with which such siding may be 
connected, or any dock or shipping place the 
charges for the use of which are regulated 
by 'Act of Parliament ; 

The term '^siding" includes branch railways 
not belonging to a railway company ; 

The term ^* person " includes a company or 
body corporate. 

27. The foregoing provisions shall, so far as 
applicable, apply to merchandise when conveyed 
by passenger train under Part V. ; but, save as 
aforesaid and so far as is provided by Part V., 
nothing herein contained shall apply to the con- 
veyance of merchandise by passenger trains, or 
to the charges which the company may make 
therefor. 

In the schedule of the East London Railway Company the fol- 
lowing proviso is appended to this clause : — 

** Provided that nothing herein contained shall compel the Metro- 
politan District Bail way Company to become common carriers of 
merchandise other than such merchandise as is specified in Part YI. 
of the schedule hereto.'' 

Part YI. relates to the carriage of small parcels by merchandise 
train. 



AppUoaticm. 28. This Schedule shall apply to the [^London 
and North Western] Railway Company, and the 



SCHBDULE OF MAXIMUM R\TBS AND CHARGES, ETC. 

other companies inentioned in the Appendix 
hereto so far as relates to the railways therein 
specified. 

This claufie (28) does not occur in the schednles of the following 
railway companies, to whose schedules there is no appeadiz. 



207 



Abbot^bury Rail. Co. 
Athenry and Ennis Junction 

Bail. Co. (Irish Lines). 
Brecon and Merthyr Bail. Co. 
Cambrian Bail. Co. 
Cleator and Workington Bail. 

Co. 
East London Bail. Co. 
Festiniog Bcdl. Co. 
Fumess Bail. Co. 



Hull, Bamnley, &c. Bail. Co. 

Isle of Wight Bail. Co. 

London, Tilbury, and South- 
end Bail. Co. 

Midland and South Western 
Bail. Co. 

North Eastern Bail. Co. 

North London Bail. Co. 

TafP Vale Bail. Co. 



Maximum Rates and Charges. 



Part I.— GOODS AND MINERALS. 

[The maximum rates for goods and minerals vary in the case of 
nearly every company. They will be found in the following 
pages 216 to 326, together with a list of the railways to which (in 
addition to the railway from which it is named) each schedule is 
applicable, and any special conditions applicable to particular rail- 
ways. To ascertain by what schedule a particular railway is governed 
reference must be made to the Index of Railways, p. 629.] 



208 



Part II.— ANIMAL CLASS (o). 



DsaCBIPTION. 



1. For every bone, mule, or 
other beant of draught or 
burden 

2. For every ox, cow, bull, 
or head of ueat catile 

3. For every calf uut exceed- 
ing 12 moiithn old, pig. sheep, 
lamb, or other small animal . . 

4. For every animal of the 
several clanses above enume 
rated conveyed in a separate 
carriage, by directicm of the 
coUHignor, or from ueoeSMity . . 

6. For each truck contaiuing 
any consignment by the same 
person of such number of oxen, 
cows, neat cattle, calves, sheep, 
g^ats, or pigs as may reaMon - 
tMy Vw y ji.rpt>d in a trutJr of 

13 feet 6 inches in length inside 
measurement 

6. Fur each truck containing 
any consignment by the same 
person of such number of oxen, 
cows, neat cattle, calves, sheep, 
goats, or pigs as may reasou- 
ably be carried in a truck t>f 
15 feet 6 inches in leugth inside 
measurement 

7. For each truck containing 
any consigument by the same 
person of such number of oxen, 
cows, neat cattle, calves, nheep, 
goats, or pigs, as may reasonably 
be carried in a truck of 1 8 feet 
in length inside measurement. 



Batkb for Covvbtavcb prr Hilb. 



Sj Si 



d. 

3 

2 

0-76 



6 



6 



|8a| 



d. 

3 

2 

075 



6 



6 



8 



goo c 



d. 



1-65 



1-30 



0-40 



6 



4-90 



5-20 






•t 

d. 

1-65 

1-30 



0-35 






*. d. 



6 



4 



2 



6 



4*20 



4-50 



6-20 



6*50 



1 6 



1 



1 



Skbvicb 
Tbrminals. 



*, d. 



4 



3 



1-60 



1 



6 



1 



9 



1 



*, d. 



4 



3 



1*50 



1 



6 



9 



1 



3 ^ 

I la 



S 



t. d. 

2 6 



•2 6 



2 6 



5 



5 



6 



6 



The termiaal charges other than those payable under paragraph 4 on animals 
sent by the same person at a rate calculated per head, and earned in the same 
truck, shall in no case exceed the terminal charges per truck. 

Where the cotnpaDy is required to cleanse and does cleanse trucks under the 
provision of any Order in Council, or duly authorised regulation of any Depart- 
ment of State, they may make a charge not exceeding one shilling per truck in 
addition to the charges nerein authorised. 

* The columns headed thus * do not appear in the schedules of the foUowinfir companies, 
the conveyance rate in the fiist column applying for all distances on these lines : — East 
Xx>ndon : Festiniog ; ImIc of Wight : North London. 

t The (xilumns ht aded thus t do not occur in the schedule of the Cleator & Workington 
Railway Company. 

(o) Applicable to all English railways, including the North Eastern. 



SCHEDULE OF MAXIMUM RATES AMD CBABOES, ETC. 



209 



Pabt III.— carriages (j»). 



Bbscuptiox. 



For ereay oarriage of whatoyer 
description not indaded in 
the daasification, and not 
being a oarriage adapted and 
naed for travelling on the 
railway, and not weighing 
more than one ton, carried 
or oonveyed on a truck or 
platform • 

For erery additional quarter 
of a ton which such oarriage 
may weigh 

For the nae of a oovered 
carriage trock for the oon- 
Teyance of any such oaniage. 



Ratb vob Coxtbtakob. 






JS 



I 



6(f 



Per 

Mile. 

d. 



6 






i 



Per 

Mile. 

d. 



e 



it 



s 



"S 



it 

I" 



8 



•t 

Per 

Mile. 

d. 



3-80 



1*36 



An additional charge 
of ten ahillings. 



•t 

Per 

Mile. 

d. 



3*20 



1*26 



1 



GQ 



a. d. 



1 



Bbbtiob Tbbmibals. 



d. 



6 



i/. 



6 



6 



d. 



e 



<f. 



* The oolumns headed thns* donot ocotirin the sohedoleBof the following companies : — 
East London ; Festiniog ; Isle of Wight ; North London ; and the Scotdi railway City 
of Glasgow Union. The rate for conveyance in the first column applying for all 
distances on those lines. 

t The columns headed thus t do not occur in the Cleator ft Workington Bailway 
Company's schedule. 



{p) Applicable to English, Irish, and Scotch Railways. 



D. 



210 



PSOYISIONAX OBDEBS— OBKEBAL CONDITIONS. 



Part IV.— EXCEPTIONAL CLASS (j). 



Beaoription. 



For artioles of nnnsnal length, bulk, or 
weight, or of exceptional bulk in pro- 
portion to weight .... 

For articles requiring an exceptional 
truck, or more than one truck, or a 
special train 

For locomotive engines and tenders, and 
railway vehicles running on their own 
wheels 

For any wild beast, or any larg^e animal 
not otherwise proyided for 

For dangerous goods 

For specie, bullion, or precious stones . . 

For any aocommodation or services pro- 
vided or rendered by the company 
within the scope of their undertaking 
by the desire of a trader, and in respect 
of which no provisions are made by this 
schedule 



Gbarge. 



Such reasonable sum 
y as the company- 

may think fit in each case. 



The above provisions shall not apply to pieces of 
timber weighing less than four tons each, but for 
all such timber when requiring two or more wag- 
gons for conveyance a minimum charge may be 
made as for one ton for each waggon used, whether 
carrying part of the load or used as a safety 
waggon only. 

An increased charge of 50 per cent, above the ordinary rate for 
the carriage of a cask of spirits was held an unreasonable charge, 
though the cask of spirits was found to be dangerous goods (r). 



(q) Applicable to English, Irish, and Scotch companies, 
(r) Gartan v. Sristol i Exeter Mail. Co., 4 H. & N. 33. 



SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC. 211 



Part v.— perishable MERCHANDISE BY 

PASSENGER TRAIN (4 

The following provisions and regulations shall 
be applicable to the conveyance of perishable 
merchandise by passenger train :- 

1. The company shall afford reasonable faci- 
lities for the expeditious conveyance of the articles 
enumerated in the three divisions set out here- 
under (which articles are hereinafter called '^ per- 
ishables "), either by passenger train or by other 
similar service, 

2. Such facilities shall be subject to the reason- 
able regulations of the company for the conve- 
nient and punctual working of their passenger 
train service, and shall not include any obligation 
to convey perishables by any particular train. 

3. The company shall not be under obligation 
to convey by passenger train, or other similar 
service, any merchandise other than perishables. 

4. Any question as to the facilities afforded by 
the company under these provisions and regula- 
tions shall be determined by the Board of Trade. 

5. Where a consignment of milk is less than 
twelve gallons, the company shall be entitled to 
charge as for twelve gallons, and where a con- 
signment of perishable merchandise comprised in 
Divisions II. or III. is less than one hundred- 

(«) Applicable to English, Irish, and Scotch oompaniee. 

p2 



212 . FKOYISIONAL ORDERS — GENERAL CONDITIONS. 

weight, the company shall be entitled to charge 
as for one hundredweight, with a minimum charge 
of Is. 

DiviBioN I. — Milk. 

Division IL — ^Butter (fresh). Cheese (soft). Cream. Eggs. 
Fish — Char. Gfrayling. Lobsters. Mullet (Red). 
Oysters. Prawns. Salmon. Soles. Trout. Turbot. 
Whitebait. Fruit — Hothouse fruit. Game (dead). 
Meat (fresh). Poultry (dead). Babbits (dead). Vege- 
tables (hothouse). 

Division III. — Fish (except as provided in Division II.). 
Fruit (except as provided in Division 11.). Ice. 

Maximum rates and charges for the three divisions — 

Division I. 



Bats fob CdrvKTAircB. 


Station 

Tenninal 

at each 

End. 


Sbbticb TsBJaXALS. 


For any 

DifltAnce 

not ex- 

oeeding 

ao Miles. 


For any 

Distance 

exoeeding 

20, but not 


For any 

Distanoe 

exceedlDR 

60, but not 


For any 

Distance 

exceeding 

76, but not 


For any 
Distance 
exceeding 
100 Miles, 
but not 
exceediz^ 
160 Miles. 


For any 
Distance 
exceeding 


Loading. 


Unloading^. 


exceeding 
60 Milefl. 


exceeding 
76 Miles. 


exceeding 
lOOMilffl. 


160 Miles. 










• 


•t 


•t 


•t 


•t 








Per 


Per 


Per 


Per 


Per 


Per 


- 






Imperial 


Imperial 


Imperial 


Imperial 


Imperial 


Imperial 


Per Can. 


Per Can. 


Per Can. 


GaUon. 


Qallon. 


Gallon. 


Gallon. 


GkUon. 


Gallon. 








d. 


d. 


d. 


d. 


d. 


d. 


d. 


d. 


d. 


0-60 


0-60 


0-70 


0-90 


1-00 


1-20 


160 


1-00 


100 






RETURNED EMPTY CANS. 








Per Can. 


Per Can. 


Per Can. 


Per Can. 


Per Can. 


Per Can. 








d. 


d. 


d. 


d. 


d. 


d. 








1-60 


2-00 


2-25 


2-50 


300 


3*00 




0-50 


0-50 



* The oolnmns headed thus * do not appear in the schedules of the following oom- 
panies : — ^East London ; Festiniog ; Isle of Wight ; North London ; and the Sootoh 
railway City of Glasgow Union. The rate for conveyance in the first oolomn applying 
for all distances on those lines. 

t The colomns headed thus f do not oconr in the Cleator ft Workington Railway- 
Company's schedule. 



PEKISHABLES. 



213 



TWaximTiin raies and oharges — continued. 



BaTI fob OoiTTZTAirCK. 


Station 
each End. 


SbBVICB TBBinXALB. 


Fortbefint 

or any 

psrtof radi 

Distaaoo. 


IVv the next 

SOMilM, 

oraay 

partof sdfih 
Diataoce. 


For the next 

SOMIlee, 

or any 

partof sadi 
Distanoe. 


For the 
Tcmainder 

of the 
Diatanoe. 


Loading. 


Un- 
loading. 


PerOwt. 
per Mile. 


• 

PerCwt. 
per Mile. 


•t 
PerCwt. 
per Kile. 


♦t 
Per Cwt. 
per Mile. 


PerCwt. 


Per 
Cwt. 


Per 

Cwt. 






IhTZSZOH II. 








d. 
0-60 


d. 
0.45 


d. 
0-24 


d. 
010 


d. 
0-76 


d. 
0-76 


d, 

0-76 






"Drnaov III. 








d. 

0-40 


d. 
0-30 


d. 
013 


d. 
012 


d. 
0-76 


d. 
0-60 


d, 
0-50 



* The oolmnnfl headed thus * do not appear in the Bohedolee of the following com- 
panies : — ^East London ; Festiniog ; Isle of Wight ; North London ; and the Scotch 
railway Citj of Glasgow Union. The rate for conveyance in the first colomn applying 
for all distances on those lines. 

t The columns headed thus t do not occur in the Cleator & Workington Railway 
Company's schedule. 



214 



FBOVISIONAL OSDEBS — GENEKA.L C0NU1TI0N8. 



Part VI.— SMALL PARCELS BY MER- 
CHANDISE TRAIN (0- 

1. For small parcels by merchandise trains, 
not exceeding in weight three hundredweight, 
the company may charge, in addition to the 
maximmn rates for conveyance, and the maximum 
station and service terminals, authorised by this 
schedule, which rates and charges are in this part 
together referred to by the expression *^the 
maximimi tonnage charge," the following : — 



Anthorised 

additional 

ehai^per 

Fkuoel. 




Per Ton. 




Per Ton. 


a, d, 
6 


Wliea the maximnm tonnage 
charge does not exceed 

^When the maximum tonnage 
charge exceeds « 


«• d. 

20 
20 
30 
40 
60 
60 
70 
80 
90 
100 




«. d. 


6 
7 
8 
9 

10 

1 
1 2 
1 4 
1 6 


, bat does not 
^ exceed < 


80 
40 
60 
60 
70 
80 
90 
100 



2. Where, for a parcel exceeding in wefght 
three hundredweight, the maximum tonnage 
charge comes to less than the company are 
authorised, according to the above table, to 
charge for a parcel of three hundredweight in 
weight, the company may charge for such parcel 
as if its weight was three hundredweight. 



(t) Applicable to English, Irish, and Scotch companies. 



SMALL PARCELS. 



215 



3. A small parcel under this part of the sche- 
dule may consist of one consignment of two or 
more packages of merchandise comprised in the 
same class of the classification of not less than 
fourteen pounds each in weight. 

4. For a small parcel of less than twenty-eight 
pounds in weight the company may charge as for 
a parcel of twenty-eight pounds in weight. 

6. For a fraction of fourteen pounds in weight 
the company may charge as for fourteen pounds 
weight. 

6. Any small parcel (other than a parcel of 
mixed groceries) containing articles belonging to 
different cleisses of the classification shall be 
chargeable with the maximum tonnage charge 
applicable to the highest of such classes. 

7. If the consignor of a small parcel declines 
on demand by the company to declare to the 
company the nature of the contents of tlie small 
parcel before or at the time when the same is 
delivered to the company for conveyance, the 
company may charge for the parcel as if it was 
wholly composed of articles comprised in Class 5 
of the classification. 

8. Nothing in this part of this schedule shall 
apply to returned empties. 



216 PKOVISIONAI. ORDERS— SPECIAL PROVISIONS, 



SPECIAL PROVISIONS. 



The foregoing proTisions are (with the few exceptions noticed 
above) common to the schedules of all the English railway com- 
panies. The classification of traffic which is also common to all the 
schedules is, for convenience, placed later in the volume. It remainB 
to consider those matters in which the schedules of the different 
companies differ one from the other. 

These are as follows : — 

(1) The railways and railway companies to which the partioolar 

schedule applies. 

(2) The special conditions (if any) applicable to the traffic on 

particular railways or particular parts of railways. 

(3) The maximum rates and charges for goods and minerals 

forming Fart I. of Mn-yiTmrni Bates, the consideration of 
which was omitted above. 

The following is a list of the railway companies having schedules 
of their own: — 

English Coicpanies. 

Abbotsbtuy Bail. Co. London, Brighton, and South 

Brecon and Merthyr Tydfil Coast. 

Junction. London, Chatham and Dover. 

Cambrian. London, Tilbury and South- 

Cleator and Workington. end. 

East London. Manchester, Sheffield, and 

Festiniog. Lincolnshire. 

Fumess. Metropolitan. 

Great Eastern. Midland. 

Great Northern. Midland and Southwestern 

Great Western. Junction. 
H\ill,Bamsley,andWestBiding North Eastern. 

Junction. North London. 

Isle of Wight. North Staffordshire. 

Lancashire and Yorkshire. South Eastern. 

London and North Western. Taff Yale. 
London and South Western. 



ABBOTSBURT RAILWAY. 217 

The other railways are incliided in one of the railway company's 
schedules above-mentioned, sometimes by being expressly men- 
tioned in the Confirmation Act, sometimes by being included in an 
appendix to the Order. Probably the result will be the same in 
either case. The distinction, however, has been preserved. In 
order to ascertain in what schedule a particular railway is included, 
reference must be made to the Index of Bailways, p. 529. 



[do & 56 Yict. cap. xxzix.] 

ABBOTSBURY RAILWAY. 

[Note. — The Provisional Order applicable to the Abbotsbury Short title. 
Bailway Company may be cited as **The Bailway Bates and 
Charges, No. 1 (Abbotsbury Bailway, &c.) Order, 1892 ; " and the 
Act confirming it as *'The Bailway Bates and Charges, No. 1 
(Abbotsbury Bailway, &c.) Order Confirmation Act, 1892." 

Commencement of Order Ist January, 1893, unless Board of Gommeiioe« 
Trade otherwise direct.] meat. 

Order of the Board of Trade under the Railway and 
Canal Traffic Act^ 1888, embodying the Classiji- 
cation of Merchandise Traffic and the Schedule of 
Maximum Mates and Charges^ including all Ter- 
minal Charges applicable to the said Classification 
of- 

(L) The Railways belonging to the following 
Railway Companies whose lines are leased or 
worked by the Great Western Railway Company, 
viz., the Abbotsbury Railway Company ; Abing- 
don Railway Company ; Bala and Festiniog Rail- 
way Company ; Banbury and Cheltenham Direct 
Railway Company ; Bridport Railway Company ; 
Buckfastleigh, Totnes, and South Devon Railway 
Company; Calne Railway Company; Cornwall 
Minerals Railway Company; Corwen and Bala 



218 PBOVISIONAL ORDEBfi — SPECIAL PROVISIONS. 

Railway Company ; Devon and Somerset Railway 
Company; Didcot, Newbury, and Southampton 
Railway Company; Ely Valley Railway Com- 
pany; Great Marlow Railway Company; Helston 
Railway Company ; Kington and Eardisley Rail- 
way Company; Leominster and Kington Railway 
Company; Llangollen and Corwen Railway Com- 
pany; Marlborough Railway Company; Milford 
Railway Company; Minehead Rail way Company ; 
Much Wenlock and Severn Junction Railway Com- 
pany; Nantwich and Market Drayton Railway 
Company ; Newent Railway Company ; Oldbury 
Railway Company; Princetown Railway Com- 
pany; Ross and Ledbury Railway Company; Ross 
and Monmouth Railway Company; Staines and 
West Drayton Railway Company ; Teign Valley 
Railway Company; Tiverton and North Devon 
Railway Company ; Vale of Llangollen Railway 
Company ; Wellington and Severn Junction Rail- 
way Company; Wenlock Railway Company; West 
Somerset Railway Company; Woodstock Railway 
Company ; Wye Valley Railway Company. 

(2.) The Railways belonging to the following 
Railway Companies whose lines are leased or 
worked by the London and North- Western and 
Great Western Railway Companies, viz., the 
Ludlow and Clee Hill Railway Company; Vale 
of Towy Railway Company. 

(3.) The following Railways which are owned, 
leased, or worked by the London and North- 
Western and Great Western Railway Companies, 
viz., the Shrewsbury and Hereford Railway; 



ABBOT8BT7BY RAILWAY. 



219 



Shrewsbury and Wellington Railway; Shrewsbury and 
Welshpool Railway; Tenbury Railway. 

(4.) The following Railway which is owned^ leased^ 
or worked by the Midland Railway Company and the 
Great Western Railway Company, viz,, the Clifton Ex- 
tension Railway. 



MAXIMUM BATES AND CHARGES. 

With regard to merchandise conveyed on the Ludlow 
and Clee Hill Railway, in addition to the maximum rates 
and terminals herein authorised, the company shall have 
power to charge for the use of each of the two inclined 
planes, being respectively of gradients steeper than 1 in 28 
on the railway, a sum not exceeding one penny per ton. 

PART I.— Goods aio) Mine&als. 

(a) Rates and Terminals in respect of Merchandise 
comprised in Classes A. and B. 

Scale I. — Applicable to tJie Newent Railway Company ; Rom and Ledbury RaiU 
way Company ; Shrewsbury and Hereford Railway ; Shrewsbury and 
Wellington Railway ; Shrewsbury and Welshpool Railuxiy ; and Ten* 
bv/ry Railway. 






A. 
B. 



Xaxiicuic Batss fob Covvxtakci. 



MaZIVUH TSBKIirALB. 



For Conaignmenta, except as othendM 
provided in the Schedule. 



For the first 

20 Miles 

or any part of 

each 

DtBtanoe. 



Per Ton 
per Mile. 

d. 
116 

1-25 



For the next 

aoMOee 

or any part of 

mch 

Distance. 



For the 
remainder of 
the Distanee. 



Per Ton 
per Mile. 

d. 
,0-90 

1-00 



Per Ton 
per Mile. 

d. 
0-45 

0-80 



Per 
Ton. 

«. d. 

3 

6 



Seryioe Terminals. 



^ 

F 



Per 
Ton. 

». d. 



Per 
Ton. 

s. d. 



Per 
Ton. 

d. 



bo 



Per 
Ton. 

d. 



B. 



220 



FIIOVISIOKAL OBDBRS-^PECIAL PROVISIONS. 



Scale n. — Applicable to the Ely Valley Railway Company. 



^ .91 
-8 8 1.. 






A. 
B. 



ICAXmUM B&TX8 
FOB CONYBTANCS. 



For GoDBigimientSi 

except 08 otiier* 

yriab pzovided in 

the Schedule. 



Per Ton per 

Mile. 

0-875 
1-25 



IfAZIlCnX TSBHXVALB. 



Station 

Terminal at 

eadiEnd. 



Per Ton. 

B, d, 
3 

6 



Senrioe Tenninalfl. 



Loading. 



Per Ton. 



«. d. 



Unloading. 



Per Ton. 



», d. 



Covering. 



Fee Ton. 



d. 



Unoovering. 



Per Ton. 



d. 



B. 



Provided that in respect of the railway to which Scale !!• 
is applicable, the power of the Company to charge for a 
distance less than six miles shall have effect as if four miles 
were substituted for six. 



Scale III. — Applicable to the Cornwall Minerals Bailway Company and the 

Princetown Railway Company, 



U 

^3 




n 



A. 
B. 



Haximum Batbs fob 
cokybtaxcb. 



For Conaigpmenta, except 
otherwise provided in 
the Schedule. 



For the first 

20Mile8 

or any part of 

Buch 

Distance. 



Per Ton per 
MUe. 

d. 
200 

2-25 



For the 
remainder of 
the Distance. 



Per Ton per 
Mile. 

d. 
1-60 

1-76 



Station 

Tenninal 

at 

each 

End. 



Per 
Ton. 

«. d. 
3 

6 



Haxdium TsBiairALB. 



Load- 
ing. 



Per 
Ton. 

8. d. 



Service Tenninals. 



Unload- 
ing. 



Per 
Ton. 

«. d. 



Cover- 
ing. 



Per 
Ton. 

d. 



Uncover- 
ing. 



Per 
Ton. 

d. 



A. 
B. 



ARB0T8BUKT RAILWAY. 



321 



Scale IY. — Applicable io all the Bailwaya and Railway Companies not mentioned 

in Scales L, 11, , and III, 




B. 



Mazwuk Batss fob Coxtbtaxcb. 



For Cuxudgnments, except as otherwiee 
jnoTided in fhe Schedule. 



For tlie 

first 

20 Hike or 

anrpart 

of inch 

Distance. 



Pep Ton 

per Mile. 

d. 
1-60 

1-60 



For the 

next 

aOHileeor 

anrpart 

of snch 

Distance. 



Per Ton 
per Mile. 

d. 
0-90 

1-20 



For the 

next 

60 Miles or 

any part 

of such 

Distance. 



Per Ton 
per Mile. 

d. 
0-40 

0-80 



For the 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 

d. 
0-36 

0-50 



Maximuk Tsbmibals. 



Per 
Ton. 

«. d. 
3 

6 



Senrice Terminals. 



Per 
Ton. 

«. d. 



Per 

Ton. 

«. d. 



Per 
Ton. 



Per 
Ton. 

d. 



B. 



(b) Rates and Terminals in respect of Merchandise 
comprised in Classes C, I, 2, 3, 4, and 6. 

Scale I. — Applicable to the Cornwall Minerals Railway Company and the 

Frincetown Railway Company, 



C. 
1. 
2. 
3. 
4. 
6. 



Mazimuh Batbs fob 
coxvbyancb. 



For ConsignmentH, except 

as otherwise provided 

in the Sdiedole. 



For the first 
ao Miles 

or any part 

of saoh 

Distance. 



Per Ton 
per Mile. 

d. 

25 

50 

76 

10 

76 

80 



2- 
2- 
2- 
3- 
3- 
4- 



Forthe 
remainder 

of the 
Distance. 



Per Ton 

per Mile. 

d. 



1 
2 
2 
2 
3 



•75 
•00 
35 
80 
35 



3-90 



Maximum Tbbmihalb. 





Senrice Tenninals. 




Station.. 


., - . . 




Terminal 

at eadi 

End. 


Loading. 


Un- 
loading. 


CoTering. 


Un- 
coyexing. 


Per Ton. 


Per Ton. 


Per Ton. 


Per Ton. 


Per Ton. 


8. d. 


s, d. 


8. d. 


d. 


d. 


1 


3 


8 


1 


1 


1 6 


6 


6 


1-60 


1-60 


1 6 


8 


8 


2 


2 


1 6 


1 


1 


2 


2 


1 6 


1 4 


1 4 


3 


3 


1 6 


1 8 


1 8 


4 


4 



0. 

1. 

2. 
3. 
4. 
5. 



222 



PROVISIONAL ORDERS — SPECIAL PROVISIONS. 



Abbotsbnrj Railway— Mw^tMiMf. 

Scale II. — Applicable to all the Railways and Railway Companies not mentioned 

in Scale L 



C. 

1. 
2. 
3. 
4. 
6. 



ICAZnCUM RA.TB8 FOB CONYBTAHCB. 



For ConaignmentB, except as otherwise provided 
in the Schedule. 



Fortfaeflrat 
90 Miles 

or any part 

of such 
Difltanoe. 



Per Ton 

per Mile. 

d. 

1-80 
2-20 
2-65 
810 
3-60 
4*30 



For the next 
80 Miles 

or any part 

of such 

Distance. 



Per Ton 

per Mile. 

d, 

1-50 

1'86 

2-30 

2-65 

315 

3-70 



For the next 
60 Miles 

or any part 

of such 

Distance. 



Per Ton 

per Mile. 

d. 

1-20 

1*40 

1-80 

2-00 

2-50 

3-26 



For the 
remainder 

of the 
Distance. 



Per Ton 

per Mile. 

d. 

0-70 



1 
1 
1 
2 
2 



00 
'60 
80 
20 
50 



Per 
Ton. 
8, d. 

1 
1 6 
1 6 



1 
1 

1 



6 
6 
6 



Maxhcux TaBxiBALS. 



Seryioe Tenninals. 





Un- 




T7n- 


Load- 


load- 


Cover- 


oorer- 


ing. 


ing. 


ing. 


ing. 


Per 


Per 


Per 


Per 


Ton. 


Ton. 


Ton. 


Ton. 


«. d. 


«. d. 


d. 


d. 


3 


3 


1 


1 


5 


5 


1-60 


1-50 


8 


8 


2 


2 


1 


1 


2 


2 


1 4 


1 4 


3 


3 


1 8 


1 8 


4 


4 



c. 
1. 

2. 
3. 
4. 
6. 



BKFiOON AND MERTHYB TTDFIL JUNCTION RAILWAY. 223 

[55 & 66 Vict, cap. xl.] 

BRECON AND MERTHYR TYDFIL 
JUNCTION RAILWAY. 

[Note. — The Provisioiial Order applicable to the Brecon and Short title. 
Merthyr Tydfil Junction Bailway Company, and the other railways 
next mentioned, may be cited as '* The Railway Bates and Charges, 
No. 2 (Brecon and Merthyr Tydfil Junction Bailway, &c.) Order, 
1892," and the Act confirming it as * * The Bailway Bates and Charges, 
No. 2 (Brecon and Merthyr Tydfil Junction Bailway, &c.) Order 
Confirmation Act, 1892." 

Commencement of Order, Ist January, 1893, unless Board of Commenoe- 
Trade otherwise direct.] "^«^*- 



MAXIMUM BATES AND OHABGES 

APPLICABLE TO THE 

Brecon and Merthyr Tydfil Railway Company. 

Garstang and Knott End Railway Company, 

L^^nelly and Mynydd Mawr Railway Company. 

Pontypridd, Caerphilly and Newport Railway 
Company. 

Ravenglass and Eskdale Railway Company. 

West Lancashire Railway Company. 

Wrexham, Mold and Connah's Quay Railway 
Company. 

Where the distance over which merchandise is 
conveyed consists in part of a line or lines of the 
company to which one scale, and in part to a line 
or lines to which another, or more than one other, 
scale of rates is applicable, the maximum charge 
for each portion of the entire distance shall be 
calculated at the maximum rate which, according 
to the scale applicable to such portion, would be 
chargeable for the entire distance. 



234 PROVISIONAL ORDERS— SPECIAL PROVISIONS. 

Nothing contained in this Order shall alter, 
vary, or affect the tolls, rates, or charges which 
the Pontypridd, Caerphilly and Newport Railway 
Company are, at the commencement of this Order, 
authorised to demand and take in respect of mer- 
chandise traffic on any line of railway on Lord 
Tredegar's Park Mile in occupation of the company. 

In calculating the distance over which any 
merchandise is conveyed, and for all purposes of 
rates and charges, the following parts of the 
Brecon and Merthyr Tydfil Junction are to be 
calculated at the distances stated below, and any 
part of such distances is to be calculated pro- 
portionately. 

Miles. Chains. 

Between Pennarth and Torpantau . .17 60 
Torpantau and Dolygaer . . 2 70 
Panty waen and Deri Jimction 7 40 



77 
77 



FABT I.— Goods and Minebals. 

(a) Rates and Terminals in respect of Merchandise 
comprised in Classfes A. and B. 

Scale I. — Applicable to the following portions of the Brecon and 
Merthyr Tydfil Junction Railway ^ viz., Rhymney to Bassaleg, 
including branch to junction with the Rhymney Railway at or 
near Bargoed and the Caerphilly and Machen Branch, 



yjra^-rimrm Bato toT Conveyaxioe. 



MaTimnm Stfttion Tenninal at eaeh End. 



Per Ton per Mile. 


1 


Per Ton. 


d. 
•876 


Clabb A. 

CLAflSB. 


d, 
3 


The Mazimam Charg^es set oat in 


Scale IV. 



BRECON AND MEBTHYR TTDFIL JUNCTION RAILWAY. 225 

ScAls n. — Applicahle to the portwM of the Brecon and Merthyr 
Tydfil Junction Bailway other than those to which Scale L 
appliea, and to thePojUypridd, Caerphilly, and Newport Bailway. 



MaTfTnntn Bate far ConTSjaxioe. 



MaTimtim Station Tenninal at each End. 



Per Ton per JAUe. | Per Ton. 

GlabbA. 



d. 
Coal -876 
All oilier Artides in ClasB A. the 
MaTiTniiin Bates and Charges set 
ont in Scale IV. 



d. 
3 
3 



ClabbB. 
The KaTifnnin Bates and Charges set ont in Scale IV. 

Provided that in respect of the railways to 
which Scales I. and II. are applicable, and in 
respect of the Llanelly and Mynydd Mawr Rail- 
way, sect. 11 of this Order shall not apply to 
merchandise comprised in Classes A. and B., but 
instead thereof, the companies shall, with respect 
to merchandise comprised in Classes A. and B., 
conveyed for a less distance than four miles, 
have power to charge as for four miles and 
no more, irrespective of the place of origin or 
destination of the traffic. 

Scale in. — Applicahle to tJie West Lancashire Bailway, 



Maximum Bate far ODnTfyanioe. 



Mudmnm Station Tenninal at each End. 



Per Ton per Mile. | Per Ton. 

GlabbA. 
d. I d. 

1-50 I 3 

ClabbB. 

1*60 I 6 



D. 



226 



FROYISIOSAL OBBEBfi — SPECIAL PROVISIONS. 



Brecon and MerUiyr Tydfil 'BaSlwa.j— continued. 

(b) Rates and Terminals in respect of Merchandise 
comprised in Classes A., B., C, 1, 2, 3, 4, 5. 

Scale IV. — Applicahle save ae hereinbefore specially mentioned. 



^1 



if 



Maxiuux Bates fob Cokybtaxcb. 



A. 
B. 
0. 

1. 
2. 
3. 
4. 
6. 



For Coxuagnments except as otherwise provided 
in the Schedule. 



For the 

first 

20M11W, 

or any part 

of such 

Dibtanoe. 



For the 

next 

80 Miles, 

or any part 

of such 

Distance. 



Per Ton 

per Mile. 

d. 

116 

1-26 

1-80 

2-20 

2 65 

3-10 

360 

4-30 



For the 

next 

60 Miles, 

or any part 

of siioh 

Distance. 



For the 
remainder 

of tiie 
Distance. 



Maxixum Tsbkinalb. 



Per Ton 

per Mile. 

d. 

0*90 

1-00 

1-60 

1-85 

2-30 

2-66 

315 

8-70 



Per Ton 

per Mile. 

d, 

0-45 

0*80 

1-20 

1-40 

1-80 

2-00 

2-60 

3-25 



Per Ton 

per Mile. 

d, 

0-40 

0*50 

0-70 

100 

1-50 

1-80 

2-20 

2-60 



station 
Termi- 
nal at 
each 
End. 



Per 
Ton. 
t. d, 
3 

6 

1 
1 6 
1 6 
1 6 
1 6 
1 6 



Service Terminals. 



Load- 
ing. 



Per 
Ton. 
8, d. 



3 

5 

8 

1 
1 4 
1 8 



Un- 
load- 
ing. 



Per 
Ton. 
9, d. 



3 

5 

8 

1 
1 4 



1 8 



CoTer- 
ing. 



Per 

Ton. 
d. 



1-60 



Un- 

ooTer- 

ing. 



Per 

Ton. 
d. 



1*50 



3 



A. 

B. 

O. 

1. 

2. 

3 

4. 

6. 



CAMBRIAN RAILWAY COMPANY. 227 



[55 & 56 Yict. cap. xli.] 

CAMBRIAN RAILWAY COMPANY. 

[Note. — ^The Floviflioiial Order applicable to the Cambrian Bail- Short title, 
way Company and the Companies next mentioned may be cited as ' 
" The Bailway Bates and Charges, No. 3 (Cambrian Bailway, &c.) 
Order, 1892," and the Act confirming the same as " The Bailway 
Bates and Charges, No. 3 (Cambrian Bailway, &c.) Order Confir- 
mation Act, 1892." 

Commencement of Order 1st January, 1893, unless Board of Commence- 
Trade otherwise direct.] "oe^t. 

MAXXMUM BATES AND CHABGE8 

APPUOABLB TO THE 

Cambrian Railway Company, 
Bishop's Castle Railway Company, 
Buckley Railway Company, 
Exmouth Docks and Railway Company, 
Mawddwy Railway Company, 
Mid-Wales Railway Company, 
South Wales Mineral Railway Company, 
Van Railway Company, 

and 
West Somerset Mineral Railway Company. 

In calculating the distance over which any mer- Allowances. 
chandise is conveyed, and for all purposes of rates 
and charges, the Barmouth viaduct on the Cam- 
brian Railway is to be calculated as three miles, 
and the distance between Camo and Llanbrynmair 
on the same railway at eleven miles. 

q2 



228 



PROVISIONAL ORDERS — SPEQAL PROVISIONS. 



Cambrian Railway — continued. 



FAET I.— Goods and Minerals. 



11 
I 






A. 
B. 
0. 

1. 

2. 

3. 

4. 

6. 



Mazucum Ratss fob Goxtxtancb. 



For Cnniiigninfflitg, except as otherwiae provided 
in the Schedule. 



For the 

flnt 

aOMUea, 

oranypairt 

of 8O0h 

Diatanoe. 



Per Ton 

per Mile. 

d. 

1-60 

1-60 

1-80 

2-25 

2-76 

310 

3-76 

4*30 



For the 

next 

aOMOea, 

or any part 

of such 

IMstaaoe. 


Fbrthe 

next 

SOmilea, 

or any part 

of aiuh 

Diatanoe. 


Per Ton 


Per Ton 


per Mile. 
d. 


per Mile. 
d. 


0-95 


0-76 


1-10 


0-85 


1-60 


1-20 


1-90 


1-66 


2-36 


205 


2-80 


2-50 


3-35 


315 


3-90 


3-80 



For the 
remainder 

of the 
Diatanoe. 



Per Ton 

per Mile. 

d. 

0-60 

0-70 

0-70 

1-35 

1-66 

210 

2-50 

3-00 



H&XIXUX TSBMZNAI4. 



Station 
Termi- 
nal at 
each 
End. 



Service Tenninala. 



Load- 
ing. 



Per 
Ton. 
«. d, 
3 

6 

1 
1 6 
1 6 
1 6 
1 6 
1 6 



Per 
Ton. 
«. d. 



3 

5 

8 

1 
1 4 
1 8 



Un- 
load- 
ing. 



Per 
Ton. 
t. d. 



CJovop- 
ing. 



Per 

Ton. 

d. 



3 
5 



8 



1 



1 4 



1 8 



1-50 



Un- 
cover- 
ing. 



Per 

Ton. 

d. 



1-50 



3 



3 



B. 
0. 

1. 
2. 
3. 
4. 
5. 



Provided that in respect of the Buckley Railway, sect. 1 1 
of this Order shall have effect so far as regards merchandise 
comprised in Classes A. and B. of the classification as if 
five miles were substituted for six. 



CLBATOR AND WORKINGTON JUNCTION RAILWAY. 229 



[65 & 56 Yict. cap. xlii.] 

CLEATOR AND WORKINGTON JUNCTION 

RAILWAY COMPANY. 

[NoTB.— The Proyisional Order applicable to the Oleator and Short title. 
Workington Junction Bailway Company and the other Companies 
next mentioned may be cited as ** The Bailway Bates and Charges, 
No. 4 (Cleator and Workington Junction Bailway, &c.) Order, 
1892,*' and the Act confirming it as "The Bailway Bates and 
Charges, No. 4 (Cleator and Workington Junction Bailway, &c.) 
Order Confirmation Act.*' 

Commencement of Order let January, 1893, unless Board of Commenoe- 
Trade otherwise direct.] ™«"*- 

MAXIMUM BATES AND CHABGES 

APPUOABLE TO THE 

Cleator and Workington Junction Railway 
Company, 

Cockermouth, Keswick and Penrith Railway 
Company, 

Corns Railway Company, 

Maryport and Carlisle Railway Company, 

Pembroke and Tenby Railway Company, 

Rowrah and Kelton Fell Railway Company, 

Severn and Wye and Severn Bridge Railway 
Company, 

and 

Southwold Railway Company, 



230 



PROVISIONAL ORDERS — SPECIAL PROVISIONS. 



PABT I.— Goods and Minerals. 

Scale I. — ApplicahU to the Cleator and Workington Junction Railway Company^ 
the Maryport and Carlisle Railway Company^ the Pembroke and Tenhy 
Railway Company ^ and the Rowrah and Kelton Fell Railway Company. 



Mi 

•Ore 




Maximum Rates Foa 

CONVETAKCB. 


Maximum TsaMiirALS. 


9 E 


» 


For Ckmfisgnments, except 














:3^ a 




as otherwiBe provided 












^4 




in the Schedule. 


Station 
Terminal 




























•g.g g 


For the first 




at each 


• 










StA-I^ 


20 Miles 


For the 


End. 




Un- 




Un- 




s S S 


or any part 
of such 


mTnA.m<1pr 




TiOndiiuTi 


loading. 


Oovermg. 








of the 








1^ 


Distance. 


















Per Ton 


Per Ton 
















per Mile. 


Per MUe. 


Per Ton. 


Per Ton. 


Per Ton. 


Per Ton. 


PerTon. 






d. 


d. 


8, d. 


8. d. 


f. d. 


d. 


d. 




A. 


1-26 


1-00 


3 


— 


.— 


.— . 


— 


A. 


B. 


1-40 


1-06 


6 


— . 


— 


— 


— 


B. 


0. 


1-80 


1-50 


1 


3 


3 


1 


1 


0. 


1. 


2-20 


1-85 


1 6 


6 


5 


1-60 


1-50 


1. 


2. 


2-65 


2-30 


1 6 


8 


8 


2 


2 


2. 


3. 


3-10 


2*65 


1 6 


1 


1 


2 


2 


3. 


4. 


3-60 


3-15 


1 6 


1 4 


1 4 


3 


3 


4. 


6. 


4-30 


8-70 


1 6 


1 8 


1 8 


4 


4 


5. 



Scale II. — Applicable to the Cockermouth^ Keswick, and Penrith RailuHxy Company. 



II 


Maximum Rates Foa 

COKYBTAXOS. 


Maximum Tbbminals. 


3 p » 














*3 ® 1 


For Conflignments, except 












&^ 3 


as otherwise provided 




Service Terminals. 






»56 


in the Schedule. 


Station 
Tenninal 










^•g^ 
















"QM & 


For the first 




at each 










"™ 


* 6'43 


ao Miles 


For the 


End. 




Un- 




Un- 




|s^ 


or any part 
of fnich 


of the 




Loading. 


loading. 


Coveiing. 


covering. 




Distance. 


Distance. 
















Per Ton 


Per Ton 


- 














per Mile. 


per Mile. 


Per Ton. 


Per Ton. 


Per Ton. 


Per Ton. 


Per Ton. 






* d. 


d. 


9. d. 


«. d. 


f. d. 


d. 


d. 




A. 


1-50 


1-00 


3 


__ 


__ 


_ 


__ 


A. 


B. 


1-60 


1-10 


6 


._ 


^^ 


__ 


_^ 


B. 


0. 


1-80 


1-50 


1 


3 


3 


1 


1 


0. 


1. 


2-25 


1-90 


1 6 


5 


6 


1-50 


1-60 


1. 


2. 


2-76 


2-35 


1 6 


8 


8 


2 


2 


2. 


3. 


3-10 


2*80 


1 6 


1 


1 


2 


2 


8. 


4. 


3-75 


3-35 


1 6 


1 4 


1 4 


3 


3 


4. 


6. 


4-30 


3-90 


1 6 


1 8 


1 8 


4 


4 


5. 



CLEATOR AND WORKINGTON JUNCTION RAILWAY. 



231 



SoALB m. — Applicahle to the Corrii Baxlway Company, 




A. 

B. 

O. 

1. 

2. 

3. 

4. 

6. 



Kaxikum Eatsb vob 
coktbtaiicb. 



For OoDsigiiinents except ai 

otherwise proTided in ihe 

Bchednle. 



Per Ton per MQe. 
d. 

3-50 
3-75 
4-00 
415 
4-80 
4-45 
4-60 
6-00 



Hazixum Tbxminalb. 



BtesoBQ 

TenniDAl 

•teadh 

Rude 



Per Ton. 
8. d. 
3 




1 
1 
1 
1 
1 
1 



6 

6 
6 
6 
6 
6 



Serrioe Tenninal*. 



Loading. 



Per Ton. 
«. d. 






1 
1 
1 



3 
6 

8 


4 
8 



Unload- 
ing. 



Per Ton. 
f. d. 






1 
1 
1 



3 
5 
8 


4 
8 



Coreiw 
ing. 



Per Ton. 
d. 



1 

1-60 

2 

2 

3 

4 



UnooTCK^ 
ing. 



Per Ton. 
d. 



—m 


A. 


._ 


B. 


1 


0. 


1-50 


1. 


2 


2. 


2 


3. 


3 


4. 


4 


5. 



Scale IY. — Applicable to the Severn and Wye and Severn Bridge Railway 

Company, 

In calciilatiiig the distance oyer which any Merchandise is conyeyed, and for 
all purposes of rates and charges, the Seyem Bridge is to be calculated as 
3 miles, 1,196 yards. 

(a) Bates and Terminals in respect of Merchandise comprised in Classes A. and B. 



A. 
B. 



Maxxsdm Ratks vob Coxyitavos. 



Par OonaignnientB except as otherwiae provided 
in the Schfldnle. 



For the 


For the 


For the 


first 


nert 


next 


Smiles, 


lOMilM, 


16 Miles, 


or any part 


or any part 


or any part 


of sach 


of such 


of sodi 


Distance. 


Distance. 


Distance. 


Per Ton 


Per Ton 


Per Ton 


per Mile. 


per Mile. 


per Mile. 


d. 


d. 


d. 


1-76 


100 


0-90 


i-90 


100 


0-90 



For the 

of the 
Distance. 



Per Ton 

per Mile. 

d. 

0-76 

0-76 



Haximux Tibmivals. 



station 

Tenni- 

nalat 

each 

End. 



Per 
Ton. 
«. d, 
3 

6 



Serrice Tenninals. 



Load- 
ing. 



Per 
Ton. 
f. d. 



Un- 
load- 
ing. 



Cover- 
ing. 



Per 
Ton. 
8, d. 



Per 
Ton. 
#. d. 



Un- 
cover- 
ing. 



Per 

Ton. 

d. 



A. 
B. 



232 



PROVISIONAL OBDBRS — SPECIAL PROVISIONS. 



Cleator and Workington Junction Bailway— ^tm^tittMif. 

Scale IV. — continued. 

(b) Bates and Terminals in respect of Merchandise comprised in Glasses C, 

1, 2, 3, 4, and 5. 



0. 

1. 
2. 
8. 
4. 
6. 



Maximum Batbs fob 
GoirvBTAircB. 



For ConsignmeDts, except 

aa otherwiM provided 

in the Schedule. 



Fortheflrat 
aOMUee 

or any part 

of auoh 

Distance. 



Per Ton 
per Mile. 



1 
2 
2 
3 
3 
4 



95 
20 
65 
10 
60 
30 



For the 

of the 
Distaaoe. 



Per Ton 

per mile. 

d. 

1-60 
1-85 
2-30 
2-65 
315 
8-70 



Maximum Tskmihali . 



Station 

Tenninal 

at each 

End. 



Per Ton. 
8, d. 

6 
6 
6 
6 
6 



I 
1 
1 
1 
1 
1 



Service Teminala. 




Un- 




Un* 


Loading. 


loading. 


CoToing. 


loading. 


Per Ton. 


Per Ton. 


Per Ton. 


Per Ton. 


f. d. 


f. d. 


d. 


d. 


8 


8 


1 


1 


5 


5 


1-50 


1-50 


8 


8 


2 


2 


1 


1 


2 


2 


1 4 


I 4 


8 


3 


1 8 


1 8 


4 


4 



0. 

1. 

2. 
3. 
4. 
5. 



Scale Y. — Applicable to the Southwold Railway Company. 




A. 

B. 

O. 

1. 

2. 

3. 

4. 

5. 



Maximum 

Batba fob 

costbtanob. 



ForOonaign'- 

ments, except 

as otherwise 

provided in the 

Schedule. 



Per Ton 

per Mile. 

d. 

1-60 

200 

2-50 

8*00 

3-25 

8-50 

4-00 

500 



Station 

Tenninal 

at each 

End. 



Per Ton. 

f. d, 

8 





1 
1 
1 
1 
1 
I 



6 

6 
6 
6 
6 
6 



Maximum Tbbmihals. 



Loading. 



Per Ton. 

f. d. 







1 
1 
1 



3 
5 
8 

4 
8 



Service Tenninali. 



Un- 
loading. 



Per Ton. 
f. d. 






1 
1 
1 



8 
5 

8 


4 
8 



.Covering. 



Per Ton. 
d. 



1 

1*50 

2 

2 

3 

4 



Un- 
covering. 



Per Ton. 
d. 



1 

1*50 

2 

2 

3 

4 



A. 
B. 
0. 

1. 
2. 
8. 
4. 
5. 



BAST LONDON RAILWAY. 233 

[55 & 56 Vict. cap. zliii.] 

EAST LONDON RAILWAY. 

[NoTB.— The FroTifiional Order applicable to the East London ghort title. 
Bailway Company, and the companies next mentioned, may be cited 
as " The Railway Bates and Charges, No. 5 (East London BaLLway, 
&c.) Order, 1892," and the Act confirming it as '* The Bailway Bates 
and Charges, No. 5 (East London Bailway, &c.} Order Confirmation 
Act, 1892." 

Commencement of the Order, Ist January, 1893, nnless the Board Commenoe- 
of Trade otherwise direct.] meat 

MAXIMUM BATES AND CHABOES 

APFLICIABLE TO THB 

East London Railway Company, 
Hounslow and Metropolitan Railway Company, 
Metropolitan District Railway Company, 
North and South Western Junction Railway 
Company, 

West London Railway Company, 

West London Extension Railway Company, 

And the following railway company appearing in the Appendix to the 
Schedule of the foregoing companies ^ viz, : — 

The Metropolitan Railway Company, and the 
Metropolitan District Railway Company, or 
either of these companies, as the case may 
be, in respect of the City Lines and Exten- 
Bions Railways. 

In calculating the distance over which any East London 
merchandise comprised in Classes A. and B. is 
conveyed, the East London Railway is to be 



234 FBOVISIONAL ORDEBS — SPECIAL PROVISIONS. 

calculated as seven miles ; and in calculating the 
distance over which any other merchandise is 
conveyed, and for purposes of rates and charges 
relating thereto, the East London Railway is to 
be calculated as eight miles. 

Mjrt.^iBt. With respect to the following portions of the 

Metropolitan District Railway : — 

City Lines and Extensions : — 

(a) From junction with the Metropolitan 

Railway at Aldgate to junction with the 
Metropolitan District Railway at Mansion 
House Station : 

(b) From Minories Junction with the above 

to the Whitechapel Junction with the 
East London Railway, and from junc- 
tion near St. Mary's Station to Metro- 
politan District Railway Company's 
Whitechapel Mile End Station : 
Inner Circle main line from junction with the 
City lines and extensions at the Mansion 
House Station to end of railway at High 
Street Kensington Station including junction 
with the Metropolitan Railway at the latter 
station : 
Hammersmith Junction from Hammersmith 
Station to junction with the London and 
South- Western Railway at Studland Road 
near Ravenscourt Park Station : 

The Metropolitan District Railway Company shall 
with respect to all merchandise conveyed thereon 



BAflT LONDON RAILWAY. 235 

for any distance greater than two miles have power 
to charge for every mile or fraction of a mile as 
for three miles, and with respect to merchandise 
conveyed for any distance not exceeding two miles 
the company shall have power to charge as for six 
miles, irrespective in either case of the place of 
origin or destination of the traffic. 

With regard to the following portions of the 
Metropolitan District Railway : — 

Junction lines between — 

"A" Box Junction near High Street Kensing- 
ton to junction with West London Extension 
Railway near Addison Road Station : 

^^ B" Box Junction near Gloucester Road Station 
to junction virith Fulham Extension Railway 
at West Brompton Station : 

Hammersmith Extension Railway from junction 
near EarPs Court Station to Hammersmith 
Station : 

Fulham Extension from West Brompton Station 
to junction with the London and South- 
western Railway near Putney Bridge 
Station. 

The Metropolitan District Railway Company 
shall with respect to all merchandise conveyed 
thereon for any distance greater than three miles 
have power to charge for every mile or fraction 
of a mile as for two miles, and with respect to 
merchandise conveyed for any distance not ex- 



236 



PROVISIONAL ORDERS — SPECIAL PROVISIONS. 



Seot. 11 not 
to apply. 



ceeding three miles the Metropolitan District 
Railway Company shall have power to charge as 
for six miles, irrespective in either case of the 
place of origin or destination of the traffic. 

Provided always, that sect. 1 1 of this Schedule 
shall not apply to the above-mentioned railways 
of the Metropolitan District Railway Company. 



PART I.— Gk)ODS AND Minerals. 

(a) Rates and Terminals in respect of Merchandise 
comprised in Classes A., B., C, and L 



Scale I. — Applicable except as otherwUe herein provided* 



^ 



|| 



A. 
B. 
0. 

1 



Maxzicuik Ratbs 

TOB 
CONTBTAKOI. 



For OoDsigimieiits, 

exoeptM 

otherwise provided 

inl£e 

Schedule. 



Per Ton per 
MUe. 

d. 
1-90 

2-00 

2-20 

2*50 





Maxzhum Tzbmzvals. 






Station 
Terminal 


Serrioe Terminals. 


— 


at each 












End. 


Loading. 


Unloading. 


Covering. 


Uncovering. 




Per Ton. 


Per Ton. 


Per Ton. 


Per Ton. 


Per Ton. 




3 


f. d. 


8. d. 


d. 


d. 


A. 


6 


— 


— 


— 


— 


B. 


1 


3 


3 


1 


1 


C. 


1 6 


5 


5 


1-60 


1-60 


1 



BAST LONDON KAILWAT. 



237 



Sgaus IL — AppliealU io the Hauntlow and Metropolitan Bailway Company, 



^1, 



St 



A. 
B. 
C. 
1 



UixzMinf Bath 

FOE 

OorrxTAVCi. 



gor Oonrignmenta, 
except M 
rwlee jno^ided 

in the 
Bcfaednle. 



Per Ton per 
Mile. 

d. 
1-60 

1-60 

1-80 

2*25 



Xazisdm Tbuovals. 



station 

Tominal 

ttt eaoh 



Per Ton. 

f. d, 

3 

6 

1 
1 6 



Senioe Tauinali. 



Loading. 



Per Ton. 
«. d. 



8 
5 



Unloading. 



Per Ton. 
f. d. 



8 

6 



Ooming. 



Per Ton. 



1 
1-60 



XTiiooTeciiig. 



Per Ton. 
d. 



1 
1-60 



A. 
B. 
0. 
1 



(b) Rates and Terminals in respect of Merchandise 
comprised in Classes 2, 3, 4, and 5. 



I 









2 
3 

4 
6 



MAZiinni Batm 

VOB 

CoxTBTAiioa. 



For 

except u 

otherwise proTided 

in the 

Bchedole. 



Per Ton per 
Mile. 

d, 
2-76 

8*10 

3-75 

4*30 



Uazdiuii TimvALi. 



Station 




Berrice Terminali. 




at each 










End. 


Loading. 


Unloading. 


CoTcring. 


UttoOTdiog. 


Per Ton. 


Per Ton. 


Per Ton. 


Per Ton. 


Per Ton. 


a. d. 

1 6 


a, d. 
8 


f. d. 

8 


d. 
2 


d. 
2 


1 6 


1 


1 


2 


2 


1 6 


1 4 

• 


1 4 


3 


3 


1 6 


1 8 


1 8 


4 


4 



2 
3 

4 
6 



238 FROVISIOKAL OBDEES— SPECIAL FR0TI8I0NS. 



[55 & 56 Vict. cap. xliv.] 

FESTINIOa RAILWAY COMPANY. 

Short title. [NoTE.— The ProTisonal Order applicable to the Festiniog Bail- 

way Company and the other Oompanies next mentioned may be cited 
as *\The Bailway Bates and Charges, No. 6 (Festiniog Bailway, &c.) 
Order, 1892," and the Act confirming it as " The Bailway Bates and 
Charges, No. 6 (Festiniog Bailway, &o.) Order Confirmation Act, 
1892." 

CJommonoe- Commencement of this Order, 1st January, 1893, unless Board 

ment. of Trade otherwise direct.] 

MAXBIUM BATES AND CHABGES 

APPLICABLE TO THE 

Festiniog Railway Company, 

Gorsedda Junction and Portmadoc Railway 
Company, 

North Wales Narrow Gauge Railway Company, 

and the 

Portmadoc, Croesor and Beddgelert Tram- 
Railway Company. 

Special Provisions as to the North Wales Narrotv 

Gauffe Railway. 

North Wales Notwithstanding anything in this Order the 

Gauge following provisions with respect to merchandise 

^*^* passing over the North Wales Narrow Gauge 

Railway, or any portion of such railway, shall 

apply and have effect : — 

Tracks. ^^^ jj^ rospoct of trucks provided by the com- 



FB8T1NI0O RAILWAY. 239 

pany for the conveyance of merchandise 
specified in Class A., to and from slate 
quarries, the company shall be entitled to 
demand and receive a charge of one half- 
penny per ton per mile ; 

(b) In respect of all merchandise conveyed in Bryngwyn 

trucks provided by the company on the ^'*°°^» *°* 
Bryngwyn Branch of the said railway, to 
and from the slate quarries, a distance of 
5^ miles, the company shall be entitled to 
charge as for 6^ miles, and such charge 
shall cover the use by the quarry owners 
of the company's trucks from the Drum- 
head over the quaiTy owners' sidings and 
inclines, into and out of the quarries, and 
all services rendered by the company at 
or in connection with the Drumhead and 
incline ; 

(c) In respect of all merchandise conveyed in oianrafon 

owners' waggons on the main line of the "^^ ^^' 
said railway, to and from the Glanrafon 
siding from and to Dinas, a distance of Si- 
miles, the company shall be entitled to 
charge as and for 9^ miles, but such charge 
shall cover the use of any siding belonging 
to the company at that point, and any 
charges for taking merchandise on, to, or 
off such siding ; 

(d) Where quarry owners provide their own Traders' 

trucks for the conveyance of merchandise 
other than merchandise specified in Class A. 



240 PROVISIONAL ORDERS— SPECIAL PROVISIONS. 

of the classification^ the rate authorised for 
conveyance shall be reduced as follows : — 

Between Bryngwyn Branch, Drumhead 
and Dinas . • . Threepence per ton 

Between Glanraf on Siding and Dinas . • • 

Fourpence per ton 

S^^M*' (®) ^^ charge shall be made by the company 

to the owners of quarries situated on the 
branches referred to in the above clauses 
(b) and (c), for the delivery of trucks into 
and upon a siding belonging to, or not 
belonging to the company, or over a junc- 
tion between the railway and such siding, or 
for the haulage of trucks to, from, or off such 
siding to the railway of the company ; 

Acoommoda- (f ) In the cvcut of arrangements beinff made 
unloading. by any quarry owner or quarry owners by 

which merchandise specified in Classes A. 
and B. can be conveyed from or to Carn- 
arvon without the necessity of unloading 
and re-loading at Dinas, then any necessary 
structural accommodation that may be re- 
quired by the quarry owner or owners for 
that purpose shall be provided by the rail- 
way company at the cost of the quarry 
owner or owners requiring the same, 
and the amount to be paid to the rail- 
way company in respect of any service 
they may be required by the quarry owner 
or owners to render in connexion with -the 
working of such arrangements shall be 
fixed by an agreement in writing between 



FE8T1KI0O B\ILWAY. 



241 



the Company and the quarry owner or owners or 
some person duly authorised on his or their behalf 
or determined in case of difference by an arbitrator 
to be appointed by the Board of Trade. 






nii 



8 






III 



A. 

B. 

0. 

1. 

2. 

3. 

4. 

5. 



MAXIMUM BATES AND OHABGES. 
PABT I. — Gk)0D8 AKD MnrEBAUB. 



Maximum 
Batss roR 

CONVSTAIfCS. 



For Coiudgxt- 
ments, except 

aaotherwiae 

proyided in the 

Schedule. 



Per Ton 

per Mile. 

d. 

1-76 

200 

2-26 

2-40 

2-75 

310 

3*10 

310 



Station 

Tenninal 

at each 

Bnd. 



Per Ton. 

«. d. 

3 

6 

1 
1 6 
1 6 
1 6 
1 6 
1 6 



Maximum Tsemiicali. 



Loading. 



Per Ton. 
s, d. 



3 

6 

8 

1 
1 4 
1 8 



Service Tenninab. 



Un- 
loading. 



Per Ton. 
#. d. 



3 

6 

8 

1 
1 4 
1 8 



Oorering. 



Per Ton. 
d. 



1*50 

2 

2 

8 

4 



Un- 
covering. 



Per Ton. 
d. 



1-60 
2 
2 
8 

4 



B. 
0. 
1. 
2. 
8. 
4. 
6. 



D. 



242 PROVISIONAL ORDERS— SPECIAL PRO^aSIONS. 



[55 & 56 Vict. cap. xlv.] 

FURNESS RAILWAY COMPANY. 

Short title. [Note. — ^The Provisional Order applicable to the Fumess Bailway 

Company may be cited.as ** The Bailway Hates and Charges, No. 7 
(Fumess Railway, &c.) Order, 1892, and the Act confirming it as 
'* The Bailway Bates and Charges, No. 7 (Fumess Bailway, &c.) 
Order Confirmation Act, 1892." 

Gommenoe- Commencement of the Order Ist January, 1893, unless Board of 

ment. Trade otherwise direct.] 

MAXIMUM BATES AND CHABGES. 

ProvisionB as Notwithstanding anything in this Order, in cal- 

to merchan- i.* it i» a i«i i i* 

diae in ciaflses culatmg the distance over which any merchandise 
• ^^ destined for or coining from the docks and shipping 

places at Whitehaven, viS, the Preston Street Sta- 
tion is conveyed upon the railway, and for all 
purposes of rates and charges the railway between 
Mirehouse Junction and the docks and shipping 
places at Whitehaven, vik the Preston Street Sta- 
tion, and any part of such railway, shall be calcu- 
lated as four miles, and the railway between 
Mirehouse Junction and the Bransty Station at 
Whitehaven, including the Lonsdale Works, shall 
in calculating the distance for the purposes of 
rates and charges in respect of merchandise traffic 
in Classes A. and B. conveyed to or from the joint 
railways from or to Bransty Station at White- 
haven, including the Lonsdale Works, be calcu- 
lated as two and a half miles. 

Notwithstanding anything in this Order, the 
following provisions with respect to merchandise 
comprised in Classes A. and B. conveyed upon the 



FURNE8S RAILWAY. 243 

London and North- Western and Furness Railway 
Companies' Joint Railways, hereinafter called the 
joint railways, or any portion of such railways, 
shall apply and have effect : — 

(a) In respect of merchandise traffic comprised 

in Classes A. and B. of the classification 
arising upon the joint railways destined 
for places beyond such railways (except 
Whitehaven and the Lonsdale Works), and 
passing over the joint railways for any 
distance not exceeding four miles, the 
company may charge for conveyance any 
sum not exceeding 5d. per ton exclusive 
of waggons, or 6c?. per ton inclusive of 
waggons, and when such merchandise 
traffic passes over the joint railways for 
any distance exceeding four miles, then 
the company may charge for conveyance 
any sura not exceeding V25d. per ton per 
mile exclusive of waggons, or V50d. per 
ton per mile inclusive of waggons, and 
any fraction of half a mile beyond four 
miles may be charged for as for half a 
mile. 

(b) In respect of merchandise traffic comprised 

in Classes A. and B. arising upon the joint 
railways destined for Whitehaven or the 
Lonsdale Works and passing over the 
joint railways for any distance not ex* 
ceeding three miles the company may 
charge for conveyance any sum not ex- 
ceeding 5'25d. per ton exclusive of W8tg- 

r2 



244 PROVISIONAL ORDERS— SPECIAL PROVISIONS. 

gons, or 6d. per ton inclusive of vraggons, 
and vrhen such merchandise traffic passes 
over the joint railways for any distance 
exceeding three miles then the company 
may charge for conveyance any sum not 
exceeding l*76rf. per ton per mile exclu- 
sive of waggons, or 2d. per ton per mile 
inclusive of waggons, and any fraction of 
half a mile beyond three miles may be 
charged for as for half a mile. 

(c) In respect of merchandise traffic comprised 

in Classes A. andB. arising and terminating 
upon the joint railways the company may 
charge for conveyance any sum not ex- 
ceeding 1 '75d. per ton per mile exclusive 
of waggons, or 2d. per ton per mile inclu- 
sive of waggons, and if conveyed a less 
distance than four miles the company shall 
be entitled to demand and receive rates 
and charges as for four miles, and any 
fraction of half a mile beyond four miles 
may be charged for as for half a mUe. 

(d) In addition to the charges for conveyance 

by this section authorised, the company 
shall be entitled to charge and receive in 
respect of merchandise traffic comprised 
in Classes A. and B. conveyed on the joint 
railways, the terminals and other charges 
by this Order authorised in respect of the 
merchandise traffic comprised in Class A. 

(e) The provisions of sect. 11 of this Order 

shall not be applicable to the joint rail- 
ways in respect of the merchandise traffic 



FURNES8 RAILWAY. 



245 



to which this section applies, provided 
always that where such traffic is con- 
veyed by the company partly on the 
joint railways and partly on any other 
railway, the joint railways and such 
other railways shall, for the purposes of 
reckoning any short distance on such 
other railways, be considered as one 
railway. 

(f ) No charge shall be made by the company 
for the mere delivery of trucks into and 
upon a siding not belonging to the com- 
pany over the junction between the rail- 
way and such siding, or for the haulage 
of trucks from and off such siding over 
the junction on to the railway of the 
company. 

PABT I.— Goods and Mnns&AUB. 




A. 

B. 

0. 

1. 

2. 

3. 

4. 

6. 



Mazimdii Katbs fob CoHTBTAirCB. 

For CoiMigiiments, except as otherwiM 
provided in the Schedule. 



For the flrtt 


For the next 


10 miles 


ao Miles 


or any part 


or any part 


of such 


of SQCh 


Distance. 


Distance. 


Per Ton 


Per Ton 


per Mile. 


per Mile. 


d. 


d. 


1-76 


116 


1-90 


1-26 


2-10 


1-60 


2-20 


1-86 


2-66 


2-30 


3-10 


2-65 


3-60 


316 


4-30 


3-70 



For the 
remainder 

of the 
Distance. 



Per Ton 

per Mile. 

rf. 

0-60 
0-76 
100 
1-40 
1-70 
1-76 
2-20 
3*26 



Hazimuk TBBVnrALS. 



Station 

Teiminal 

at each 

End. 



Per 
Ton. 
ff. d. 

3 




1 



6 




1 6 

1 6 

1 6 

1 6 

1 6 



Serrice TertninalB. 



Per 
Ton. 
ff. d. 






1 
1 



3 
6 

8 


4 



1 8 



Per 
Ton. 
ff. d. 






I 
1 
1 



3 
6 

8 


4 
8 



Per 

Ton. 

d. 



1 

1-50 
2 
2 



I 



Per 

Ton. 

d. 



1 

1*60 

2 

2 

3 

4 



A. 
B. 
0. 

1. 
2. 
8. 
4. 
6. 



246 PROVISIONAL ORDERS — SPECIAL PROVISIONS. 



[54 & 55 Yiot. cap. ooxiy.] 

GREAT EASTERN RAILWAY. 

Short title. [NoTB. — ^The Provisional Order applicable to the Gh:eat Eastern 

Bailway Company may be cited as " The Groat Eastern Bail way 
Company (Rates and Charges) Order, 1891," and the Act confirm- 
ing it as *'The Great Eastern Bailway Company (Bates and Charges) 
Order Confirmation Act, 1891." 
Commence- Commencement of Order, 1st August, 1892, or such later date as 

ment. ^q Board of Trade direct. Now postponed to 1st January, 1893.] 

Companies to which the Great Eastern Rates apply ^ 
being the Appendix to the Great Eastern Schedule, 

The Northern and Eastern Railway Company, 
in respect of the Northern and Eastern Railway. 

The Colchester, Stour Valley, Sudbury, and 
Halstead Railway Company, in respect of the 
Colchester, Stour Valley, Sudbury, and Halstead 
Railway. 

The Thetford and Watton Railway Company, 
in respect of the Thetford and Watton Railway. 

Tlie Watton and Swaffham Railway Company, 
in respect of the Watton and Swaffham Railway. 

The Ely and St. Ives Railway Company, in 
respect of the Ely and St. Ives Railway. 

The Ely and Newmarket Railway Company, 
in respect of the Ely and Newmarket Railway. 



GREAT EASTERN RAILWAY. 247 

The London and Blackwall Railway Company, 
in respect of the London and Blackwall Railway, 
and the London, Blackwall, and Millwall Exten- 
sion Railway, 

The Millwall Dock Company, in respect of 
the London, Blackwall, and Millwall Extension 
Railway. 

The East and West India Dock Company, in 
respect of the London, Blackwall, and Millwall 
Extension Railway. 

The Downham and Stoke Ferry Railway Com- 
pany, in respect of the Downham and Stoke 
Ferry Railway. 

The Gaslight and Coke Company, in respect 
of the Beckton Branch Railway. 

The Great Northern and Great Eastern Joint 
Committee, in respect of the Great Northern and 
Great Eastern Joint Railway. 



248 



PK0VI8I0NAL ORDERS — SPECIAL PROVISIONS. 



Great Eastern Bailway — continued. 



MAXIMUM BATES AND CHARGES. 
PAET I. —Goods and Mineeals. 

Rates and Terminals in respect of Merchandise comprised 
in Classes A., B., C, 1, 2, 3, 4, and 5. 



I 



a 
o 
•43 






A. 
B. 
C. 

1. 
2. 
3. 
4. 
5. 



Mazdcum Rates fob CkisvBYAScB. 



For Consignments, except as otherwise 
proYided in the Schednle. 



For the 

first 
20MaeB, 


For the 

next 
80 Miles, 


For the 

next 
60 Miles, 


or any 

I>artof 

such 

Distanoe. 


or any 

part of 

such 

Distance. 


or any 

part of 

such 

Distance. 


Per Ton 
per Mile. 


Per Ton 
perMfle. 


Per Ton 
per Mile. 


d. 


d. 


d. 


115 


0-90 


0-46 


1-40 


1-06 


0-80 


1-80 


1-60 


1-20 


2-20 


1-86 


1-40 


2-65 


2-30 


1-80 


3-10 


2-66 


2 00 


3-60 


3-16 


2-60 


4-30 


8-70 


3-25 



For the 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 



d. 
0-40 

0-55 

0-70 

1-00 

1-50 

1-80 

2-20 

2-50 



Maximum Tbrmikals. 



Station 
Termi- 
nal at 
each 
End. 



Per 
Ton. 



i. d. 

3 

6 

1 
1 6 
1 6 
1 6 
1 6 
1 6 



Service Tenninals. 



Per 
Ton. 



«. d. 



3 

5 

8 

1 



1 4 



1 8 



-a 



Per 
Ton. 



$. d. 



3 
5 



8 



1 
1 4 
1 8 



^ 



6 



Per 
Ton. 



d. 



1*60 



3 



8 

i5 



Per 
Ton. 



1-60 



2 



A. 
B. 
0. 

1. 

2. 

3. 

4. 



6. 



OBSAT KOBTHXRN RAILWAY. 249 



[54 & 65 Yict cap. ocxy.] 

GREAT NORTHERN RAILWAY COMPANY. 

[Note. — The ProTisional Order applicable to the Great Northern Short title. 
Bailway Company may be cited as **The Great Northern Bailway 
Company (Bates and Charges) Order, 1891," and the Act confirming 
it as " The Great Northern Bailway Company (Bates and Charges) 
Order Confirmation Act, 1891." 

Commencement of Order, Ist August, 1892, or such later date as Commenoe- 
the Board of Trade direct. Now postponed to 1st January, 1893.] ■"«**• 

Companies to which the Great Northern rates apply ^ 
being the Appendix to the Great Northern Schedule. 

The Nottingham and Grantham Railway and 
Canal Company in respect of the Nottingham and 
Grantham Railway. 

The East Lincolnshire Railway Company in 
respect of the East Lincolnshire Railway. 

The Muswell Hill and Palace Railway Com- 
pany in respect of the Muswell Hill and Palace 
Railway. 

The Stamford and Essendine Railway Com- 
pany in respect of the Stamford and Essendine 
Railway. 

The Homcastle Railway Company in respect 
of the Homcastle Railway. 

The Spilsby and Firsby Railway Company in 
respect of the Spilsby and Firsby Railway. 

The Wainfleet and Firsby Railway Company 
in respect of the Wainfleet and Firsby Railway. 



250 PKOVISIONAL ORDERS — SPECIAL PROVISIONS. 

The Wainfleet and Skegness Railway Com- 
pany in respect of the Wainfleet and Skegness 
Railway. 

The Sutton and WiUoughby Railway Com- 
pany in respect of the Sutton and WiUoughby 
Railway, 

The Louth and East Coast Railway Company 
in respect of the Louth and East Coast Railway. 

The Nottingham Suburban Railway Company 
in respect of the Nottingham Suburban Railway, 

The Halifax High Level and North and South 
Junction Railway Company in respect of the 
Halifax High Level and North and South Junc- 
tion Railway. 

The Great Northern Railway Company, the 
Lancashire and Yorkshire Railway Company, and 
the North Eastern Railway Company, in respect 
of the Lof thouse and Methley Joint Line. 

The Great Northern Railway Company and 
the Lancashire and Yorkshire Railway Company 
in respect of the joint railways from Halifax to 
Holmfield, and from Holbeck to Leeds. 

The Great Northern Railway Company and 
the London and North Western Railway Com- 
pany in respect of the Nottinghamshire and 
Leicestershire Joint Lines. 



OKBAT KORTHEBK BAILWAT. 



251 



MAXOfUM BATES AND CHABQES. 

Where the distance over which merchandise is conveyed 
consists in part of a line or lines of the company to which 
one scale, and in part of a line or lines to which another 
or more than one other scale of rates is applicable, the 
maximum charge for each portion of the entire distance 
shall be calculated at the maximum rate which, according 
to the scale applicable to such portion, would be chargeable 
for the entire distance. 



PABT I.-— Goods aitb MnnsaALS. 



(a) Rates and Terminals in respect of Merchandise com- 
prised in Classes A. and B. 

Scale I. — Applicahh to »uch portions of the Bailway as are not hereinafter 

specially mentioned. 



B. 



MAXimm Bate fob ComrBTAKCi. 



For Conagiuncnts, except u otherwise prorided 
in the Schedule* 



FortheflrBt 

90Mileft,ar 

any part 

of rach 

Dietanoe. 



Per Ton 

per Mile. 

d. 

0-96 
1*26 



For the next 
80Hilee,or 

anrport 
of rach 

Distance. 



Per Ton 

per Mile. 

d. 

0-85 

1-0 



For the next 
60 Miles, or 

anrport 
of such 

Distance. 



Per Ton 

per Mile. 

d. 

0*60 
0-80 



For the 
renminder 

of the 
Distanos. 



Per Ton 

per Mile. 

d, 

0-40 
0-60 



Hazimuii Tbimivals. 



station 
Termi- 
nal at 
each 
End. 



Per 
Ton. 
ff. d, 

8 
6 



Service Terminals. 



Per 

Ton. 
d. 



Per 

Ton. 

d. 



Per 
Ton. 



I 



Per 
Ton. 



252 



PBOYISIOVAL OBDEBS — SPECIAL PROVI8ION& 



Scale U.'^ApplieabU to the Bailways herein gpecioRy mentumed. 




NoimOHAJfBHIBX, LSICBBXEBSBIBE, AXB BeBBT- 

suisB LniEB: — 

Kotdnfrbam and GiBiitliani Branch 

Woolsthorpe Branch and Extension 

Nottingham Snbnrban Railway 

Waltham Branch and Extemdona 

Golwich to Derby 

Derby to Dove Junction (near Barton) 

Pinxton Branch, with short lines therdErom . . 

Leen Valley Branch 

Stanton Branch and Extensions 

Heanor Branch 

SlAPFOBD AND UtTOXXTEE BaILWAT 

ToBKBHiBB Lnrss : — 

Wakefield to Wortley Junction • 

Wrenthorpe to Batley 

Holbeck to Bradford and Bowling Junction . . 

St. Dunstan's Junction at Bradford 

Bradford to Thornton 

Thornton to Keighley 

Qneensbury to Holmifield 

Bradford to Ardsley viH Gildosome 

Drighlington to Batley 

Ossett to Dewsbury 

Dewsbury to Bad^, and Dewsbury to Thorn- 
hill 

Bradford, Idle, and Shipley Branch 

Beeston to Batley 

Dudley Hill to Low Moor ,., 

Halifax High Level, and North and South 

Junction Kailway 

'Halifax to Holmfield and Holbeck to Leeds 
Joint Railways 

LODTH ABD BaBDBXT RaILWAT 



Bate for 
CuOTey- 



PerTon 
per Mile. 



1-60 



ateadli 



Bate for 
Con'Tej- 



8 



Per Ton 
per Mile. 



d. 
1-70 



Station 

Terminal 

at eacb 



d. 
6 



Provided that, in respect of the railways to which 
Scale 2 is applicable, the power of the company to charge 
for a distance less than six miles shall have effect aa if four 
miles were substituted for six. 

This proriso does not seem to affect the power of the company to charge aa 
for four and a half miles when the carriage is from station to private siding, or 
vice versa. 



GREAT N0RTHE&:4 RAILWAY. 



253 



It is not quite easy to see whether this short distance clause 
applies to aU classes of traffic, or only to classes A. and B. The 
fact of the proviso occurring immediately after the rates applicable 
to classes A. and B., and forming a part of the Act headed ''in 
respect of merchandise comprised in classes A. and B./' would seem 
to point to the more restricted construction. On the other hand, 
the proviso is in terms general, and it might well be considered 
that the Legislature, in giving the railway company the larger rate 
for classes A. and B., had thought that some concession ought to 
be made to the public in return. And this view is strengthened by 
the fact that in the London & North Western Bailway Company's 
provisional order there occur two provisoes of a similar nature, the 
one (p. 272) relating to the Whitehaven Junction Bailway, specifi- 
cally limited to classes A. and B., and the other (p. 274), though 
occurring in a heading applicable to class A., specifically limited 
to class A. 



(b) Rates and Terminals in respect of Merchandise 
comprised in Classes C. 1,2, 3, 4, and 5. 



u 

£« 

til 

i'C o 

8 s a 
E 5 V 

:8a 



Maximum Batbb fok Coxvbtaivcb. 



Far CoiuigiimentB, exorot mb otherwise 
provided in the Schedule. 



c. 

1 

2 
3 
4 
6 



For the 

first 

SOHileeor 

anrpart 

of such 

Distance. 



Per Ton 
per Mile. 

d. 
1-80 

2-20 

2 65 

310 

3-60 

4-30 



For the 

next 

80 Miles or 

axirpart 

or such 

Distance. 



Per Ton 
per Mile. 

d, 
1-60 

1-85 

230 

2-65 

3- 15 

3-70 



For the 

next 

60 Miles or 

any part 

of such 

Distance. 



Per Ton 
per Mile. 

d. 
1-20 

1-40 

1-80 

200 

2-50 

3-25 



For the 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 

d, 
0-70 

1-00 

1-60 

1-80 

2-20 

2*50 



Per 

Ton. 

i. d, 

1 

1 6 

1 6 

1 6 

1 6 

1 6 



Maximum Tsrmikau. 



Service Tenninala. 



Per 
Ton. 

i. d. 

3 

5 

8 

1 
1 4 
1 8 



Per 
Ton. 

<. d, 

3 

5 

8 

1 
1 4 
1 8 



Per 
Ton. 

d. 



1-50 



2 



3 



Per 
Ton. 

d. 



1-50 
2 
2 
3 

4 



0. 
1 
2 
3 
4 
6 



254 



PROVISIONAL ORDERS — SPECIAL PROVISIONS. 



Short title. 



Gommenoe- 
znent. 



Severn 
Tunnel. 



Different 
scales. 



Lime, iron, 
and steel. 



[54 & 55 Yict. cap. cczxii.] 

GREAT WESTERN RAILWAY. 

[Note. — The Provisional Order applicable to the Great Western 
Bailway Company may be cited as ** The Great Western Bailway 
Company (Bates and Charges) Order, 1891," and the Act confirming 
it as *' The Great Western Railway Company (Bates and Charges) 
Order Confirmation Act, 1891." 

Commencement of Order 1st August, 1892, or such later date as 
Board of Trade direct. Now postponed to 1st January, 1893. 

The Great Western schedule of rates applies to no other railway 
company.] 

MAXIMUM BATES AND CHARGES. 

In calculating the distance over which any 
merchandise is conveyed, and for all purposes of 
rates and charges, the Severn Tunnel is to be 
calculated as twelve miles. 

Where the distance over which merchandise is 
conveyed consists in part of a line or lines of the 
company to which one scale, and in part of a line 
or lines to which another or more than one other 
scale of rates is applicable, the maximum charge 
for each portion of the entire distance shall be 
calculated at the maximum rate which, according 
to the scale applicable to such portion, would be 
chargeable for the entire distance. 

The maximum rates for conveyance for lime 
and for iron and steel articles in classes B. and 
C. of the classification shall not exceed, upon the 
portions of the railway respectively governed by 
the Great Western Railway Act, 1847 (10 & 11 
Vict. c. ccxxvi.), the Oxford, Worcester, & Wol- 
verhampton Railway Acts, 1845 (8 & 9 Vict. 



GREAT WESTEBN RAILWAY. 



266 



c. clxxxiv.) and 1846 (9 & 10 Vict. c. cclxxviii.), 
the rates by those Acts respectively authorised. 

The conveyance rates auihoTifled by the Qreat Western Bailway 
Act, 1847 (10 & 11 Vict. c. oczzyi.), for lime, iron, and steel, are as 
follows : — 



DiBCBXmON. 



Pig iron, bar iron, rod iron, sheet iron, hoop 
iron, plates of iron, slabs, billets, and rolled 
iron and lime 

Wrought iron, not otherwise specifically classed, 
and heary iron castings, including railway 
chairs 

Metals (except iron), nails, anvils, vices, and 
chains 



If oonvcytd 
for A 

dutanoe 
exceeding 

60 Miles. 



Per Ton 

per Mile. 

d. 



2 



If ooDTeyed 
for a 

diftaaoenot 

exceeding 

SOMQee. 



Per Ton 

per Mile. 

d. 



1* 
2* 



This Act refers to the following railways of the Qreat Western 
Bailway Company : — London to Bristol, and branch to Henley ; 
Didcot to Priestfield yii Leamington ; Swindon to Gloucester and 
Cheltenham, and branches to Cirencester and Tetbury. 

The rates for conyeyance authorised by the Oxford, Worcester, 
and Wolverhampton Bailway Acts, 1845 and 1&46, for the conyey- 
ance of lime, iron, and steel, are as follows : — 



Dbsouptiov. 



Pig iroo. bar iron, rod iron, sheet iron, hoop 
iron, plates of iron, slabs, billets, and rolled 
iron and lime , 

Heavy iron castingfs, including railway chairs . . 

Metals (except iron), nails, anvils, vices, and 

chains and light iron castings 



If conveyed 

for not 

leas than 

60 Miles. 



Per Ton 

per Mile. 

d. 



If oonveved 

forleis tnaa 

60 



Per Ton 

per Mile. 

d. 



U 



d, 
2 

8 



266 PROVISIONAL ORDERS — SPECIAL PROVISIONS. 

The railways governed by these Acts are : — ^Wolvercote JiinctioiL 
to Biishbury yik Worcester and branches to Chipping Norton, 
Stratford-on-Avon, Stoke Works, Kingswinford, Halesowen, and 
from Kidderminster to Bewdley. 

Monmouth. Nothing contained in this Order shall alter, 

shiro r&ilw&vB 

and Tredegar varj, OP affect the toUs, rates, or charges which 

Park Mile. . ■■ , . i_ . j» ^i • 

the company are, at the commencement oi this 
Order, authorised to demand and take in respect 
of merchandise traffic on the Monmouthshire rail- 
ways of the company amalgamated with the 
undertaking of the company by the Great Western 
and Monmouthshire Railway Companies Amalga- 
mation Act, 1880, or in respect of merchandise 
traffic on any line of railway on Lord Tredegar^s 
Park Mile in the occupation of the company. 
Saving. Nothing contained in this Act shall repeal, 

affect, or prejudice the enactments contained in 
the provisoes to sect. 22 of the Great Western 
Railway (Various Powers) Act, 1867, or the pro- 
visions with regard to tolls and charges contained 
in sect. 30 of the Great Western Railway Act, 
1872, or sect. 47 of the Great Western Railway 
Act, 1873. 

The proviso to sect. 22 of the Great Western Bailway Company's 
Various Powers Act of 1867 (30 & 31 Vict. cap. cl.) is as foUows : — 

Provided always that the maximum charge for the conveyance 
(exclusive of waggons) of coal and coke from any part of the said 
railways, including Dowlais to Cardiff or other stations in South 
Wales on the railways of the company or of the Bhymney Company, 
may be, but shall not exceed, as regards coal seven-eighths of a penny 
per ton per mile, and as regards coke one penny per ton per nule. 
Provided also that for articles and persons conveyed on the railwa3nB 
Nos. 1, 2, and 3 for a less distance than four miles tolls, rates, and 
charges may be demanded as for four miles. 

Bailway No. 1 commences with a junction with the Tail Vale 
extension of the Newport, Abergavenny, and Hereford Bailway 



GREAT WESTERN RAILWAY. 267 

near the mile post denotmg 35^ miles from Swansea, and terminates 
with a junction with the Colley line of the Dowlais Iron Company. 

Bailway No. 2 (5 miles 1 furlong) from termination of railway 
No. 1 to siding of the Dowlais Iron Company. 

Bailway No. 3 (5 furlongs) from a junction with railway No. 2, 
about 500 yards from the termination thereof to Cwm Canol Street, 
Dowlais. 

The Great Western Bailway Acts of 1872 and 1873 authorise the 
construction of certain railways, and sects. 30 and 47 of those Acts 
lespectiYely provide for the charging of the same tolls as contained 
in the Company's Act of 1867. 

The railways are — 

Act of 1872 : 

No. 1. — ^A railway in Merthyr Tydfil, Dowlais Ironworks 

to Ffoes-y-fran Ironstone Mine Pit. 
No. 2. — ^From railway No. 1 to the old works railway of 

the Dowlais Iron Co. 
No. 3. — From railway No. 2 to private railway of the 

Plymouth Iron Co. 
No. 4. — A deviation railway from railway No. 2 of the 

Act of 1867 to railway No. 2 authorized by this Act of 

1872. 

Act of 1873. 

No. 1. — ^A railway or siding 3 furlongs 6 chains in Bristol. 
No. 2. — A railway from the Wrexham and Minera railway 

to the Ffrwyd branch railway. 
No. 3. — A branch railway from No. 2 last-mentioned 

towards Brynmally branch railway. 
No. 4. — A branch of the Lwynennion branch railway 

towards Wrexham. 
No. 6. — A deviation railway in Dudley from near Netherton 

station to railway No. 1 of the West Midland Act of 

1862. 
No. 6. — A deviation railway in Bowley Begis from the 

last-mentioned railway No. 5 to railway No. 1 of the 

West Midland Act of 1862. 



D. 



258 



PROVISIONAL ORDERS — SPECIAL PROVISIONS. 



PABT I. — Gk)ODS AND Minerals. 

(a) Rates and Terminals in respect of Merchandise 
comprised in Classes A. and B. 

Scale I. — ApplicahU to the following portiom of the Bailway, 



Haximux Ratss fob 
coktbtawob. 



6 



if 
h 

I 



So 

il 

h 

• •e 

I 



I 



MAXunw Tbbiokalb. 



Service TecmJiudB. 



9> 

1 



I 



S 



1. Raflways governed by the Great Western 

Act, 1847, viB. : — 

London to Bristol, and brandh to Henley 

Didoot to I^estfield, rik Leunington ... 

Swindon to Oloncester and Cheltenham, 

and branches to Cirencester and Tet- 

bury 

2. Railways governed by the Shrewsbury and 

Birmingham Act. 1846, viz. : — 
Shrewsbury to Busnbury, and branch to 

Goalbrookdale 

8. Bailwavs governed by the Oscf ord, Wor- 
oeiiter, and Wolverhampton Acts, 1846 
and 1846, viz. :— 
Wolveroote Junction to Biuhbury, vi4 
Worcester, and branches to Ghim>ing 
Norton, Stratford-on-Avon, Stoke 
Works, Eingswinf ord, Halesowen, and 
from Kidderminster to Bewdley 

4. Railways governed by the Severn Valley 

Act, 18i56, viz. :—- 
Shrewsbury to Hartlebury 

5. RaHways governed by the Vale of Neath 

Railway Act, 1846, viz. :— 
Herthyr Tydfil and Aberdare to Neath, 
with branches to Dare and Aman 

6. Railways governed by the Aberdare Valley 

Railway Act, 1865, viz. :— 
Aberdare to Middle Duflryn 

7. Railways governed by the Swansea and 

Neath Railway Act, 1861, viz. :— 
Neath to Swansea f Wind Street Junc- 
tion), vi& Neath Abbey 

8. Railways governed by the Gloucester and 

Dean Forest Bailway Act, 1846, viz. :— 
Gloucester to Grange Court Junction ... 



Per 
Ton 

per 
Wle. 

d. 



A0'06 
^Bl'85 



Per Per Per 
Ton Ton Ton 



per 

Mile. 

d. 



0-86 
1-0 



per 

Mile. 

d. 



0-60 
0-80 



per 

Mile. 

d. 



0*40 
0*60 



Per 
Ton. 

«. d. 



8 
6 



Per 
Ton. 

«. d. 



Per 
Ton 

$. d. 



Per 
Ton. 

d. 



Per 
Ton. 

d. 



A. 
B. 



ORE&T WE8TBBN R&ILWAT. 



259 



Scale I. — continued. 



Maxivux Batu roB 

CoimTAXCK. 




S' 



ao 



I 



XAzmuii TnimrALt. 



Berrioe Tmninalt. 



9. BaflaniTS goremed by the liyiiTi YaJlej 

BaUwaT Act, 18S6, tu. :— 
Purthcawl and Bridirrad to BlaniaTon, 
with branches to Bla«n Q»m and Ty 
Hirwain 

10. Bailways soTern^d bj the Coleford Bail- 

way Act, 1872. via. :— 
Wreoham Junction to Coleford 

11. Bailwaya govecned by the Severn Tunnel 

Bailway Act, 1872. viz. :— 
Severn Tunnel Junction to Pilning 

12. Bailways goremed by the Shrewnbory 

and Chester Bailway Act, 1646, riz. :— 
Shrewsbury to Saltney Junction, with 
branches to Oswestry and to Birnyr 
Owen and Legacy Colliery, and from 
Wheatsheaf Junction to Owersyllt, 
horn Croes-newydd to Brynmally and 
Firwd, and from Brymbo to Minera 
and Vron 

IS. Bailways goTemed by the Worcester and 
Hereford Act, 18&8, viz. :— 
Shelwick Junction to Worcester 

14. Bailways governed by the Bala and Dol- 
geUy Act, 1862 



Per 

Ton 

p«*r 

Mile. 



AO-M 
Bl'86 



Ptr 

Ton 



Pw 

Ton 
per 



Mile. Mile 
d. 



0*86 
l-O 



0-60 
0-80 



Per 

Ton 

per 

Mile. 

d. 



0*40 
0*60 



Per 
Ton. 

«. d. 



Per 
Ton. 

«. d. 



8 
6 



Per 
Ton. 

«. d. 



Per 
Ton. 

d. 



Per 
Ton. 

d. 



A. 
B. 



Scale II. — Applicable to all portions of the Bailway not herein 

specially mentioned. 



In roipect 

of the 

Md'chandiae 

• comprised 

in the under> 

mentioned 



A. 
B. 



Mazimuic Batu vob CovvsTAJiai. 



For the 

first 80 Miles, 

or any part 

of »uch 

Distance. 



Per Ton 

per Hile. 

d. 

1-60 

1-60 



For the 

next 30 Miles, 

or any part 

of such 

Distance. 



Per Ton 

per Mile. 

d. 

0-90 

1-20 



For the 

next 60 Miles. 

or any part 

of such 

Distance. 



Per Ton 

per Mile. 

d, 

0-40 

0*80 



For the 
remainder 

of the 
Distance. 



Per Ton 

per Mile. 

d. 

0-35 

0-50 



Maxinraxn 

Station 

Terminal 

at 
each End. 



Per Ton. 

t. d. 

3 
6 



A. 
B. 



Provided 



that if at any time after the commence- 

s2 



260 



PROVISIONAL ORDERS — SPECIAL PROVISIONS. 



ment of this Order the clear annual profits 
divisible upon the whole subscribed and paid-up 
capital ordinary stock of the Great Western Rail- 
way Company upon an average for three consecu- 
tive years shall equal or exceed the rate of six 
pounds for every 100?. of such paid-up capital 
stock, Scale I. shall become and shall continue to 
be applicable to the railways governed by the 
South Wales Railway Act, 1845, as amended by 
the South Wales Railway Consolidation Act, 
1855, 



Scale m. — Applicable to tJie following portions of tJie Railway, 



1. Kail ways governed by the Newport, 

Aberg^veDny, and Hereford Kail- 
way Act, 1846, viz. : — 
Hereford (Barton) to Hountain 
Ash (Middle DufEryn) 

2. Railways governed by the Ogmore 

Valley Railway Act, 1863, viz. :— 
Kantymael to Brynmenyn, Black 
Mill to Gelly Rhaidd, and Little 
Ogmore Branch 

3. Railways governed by the Pontypool, 

Caerleon, and Newport Rulway 
Act, 1866, viz. : — 
Pontypool Road to Maindee Junc- 
tion (Newport), vi& Caerleon . . 

4. Railways ffovemed by the Cardiff and 

Oraiore Railway Act, 1878, viz.: — 

BlackmiU Junction to Llanharran 

Junction 



Maxitnnin Bate 

for 

Conveyanoe. 



Per Ton 
per Mile. 



Class A. 
0-875rf. 



Mtt.-y<Tnmn BtfttiOII 

Tenninal 
at each End. 



Class A. 



U. 



Class B. 



The maximnm rates set oat in 
Scale I. 



Provided that in respect of the railways to 



GREAT WESTERN RAILWAY. 



261 



whicli Scale III. is applicable the power of the company 
to charge for a distance less than six miles shall have 
effect as if four miles were substituted for six (d). 

(b) Rates and Terminals in respect of Merchandise 
comprised in Classes C, 1, 2, 3, 4, and 5. 



il 

il 



o. 

1. 

2. 
3. 
4. 
5. 



MAXonm Batxs tou Comystamcb. 



For Conaigiimenta, except m otherwise provided 
in the Schedule. 



For the 

flzst 

iO Miles, 

aranjpext 

of mich 

Distance. 


For the 

next 

aOMUee, 

OTsnjpert 

of such 

Distance. 


For the 

next 

fiOMilM, 

or any part 

of each 

Distance. 


Per Ton 


Per Ton 


Per Ton 


per Mile. 


per Mile. 
d. 


per Mile. 
d. 


1-80 


1-50 


1-20 


2-20 


1-85 


1-40 


2-65 


2-30 


1-80 


3-10 


2-66 


2-00 


3-60 


315 


2-60 


4-30 


3-70 


3-25 



For the 
xenuunder 

of the 
Distance. 



Per Ton 

per Mile. 

d, 

0-70 



1-00 



]'50 



1-80 
2-20 



2-50 



Maximum Tbemivals. 



Station 
Termi- 
nal at 
each 
End. 



Per 
Ton. 
«. d. 

1 

I 6 

1 6 

1 6 

1 6 

1 6 



Benriee Tominals. 



Load- 
ing. 



Per 
Ton. 
«. d. 

3 

6 

8 

1 
1 4 
1 8 



Un- 
load- 
ing. 



Per 
Ton. 
s. d 
3 

6 

8 

1 
1 4 

1 8 



Cover- 
ing. 



Per 
Ton. 
d, 
1 

1-60 

2 



Un- 

oorer- 

ing. 



Per 

Ton. 
d, 
1 

1-60 



2 



1. 

2. 
3. 
4. 

6. 



(<i) See note to Bimilar proTiao in Great Northern Sohedole, anU^ pp. 262, 263. 



262 



PROVISIONAL ORDERS — SPECIAL PROVISIONS. 



[55 & 56 Vict. cap. xIyL] 

HULL, BAKNSLEY, AND WEST RIDING 

JUNCTION. 



Short title. 



Commenoe- 
ment. 



[Note. — ^The ProTisioiial Order applicable to the Hull, Bamsley, 
and West Bidiag Junction Bailway Company may be cited as ** The 
Eailway Bates and Charges, No. 8 (Hull, Bamsley, and West 
Biding Junction Bailway) Order, 1892," and the Act confirming 
it as ** The Bailway Bates and Charges, No. 8 (Hull, Bamsley, and 
West Biding Junction Bailway) Order Confirmation Act, 1892." 

Commencement of the Order, 1st January, 1893, unless the Board 
of Trade otherwise direct.] 



MAXIMUM BATES AND CHARGES 

APPLICABLE TO THE 

Hull, Bamsley, and West Riding Junction 
Railway Company. 

PABT I. — Goods and Minerals. 



i 1 



A. 

B. 

0. 

1. 

2. 

3. 

4. 

a. 



Maximum Sjltbs for CoKYSTAircs. 



For Conngnmenta, except as otherwise 
provided in the Hchedule. 



For the first 
ao Miles 

or any part 

of such 

Distance. 



Per Ton 

per Mile. 

d, 

1-16 
1-26 
1-80 
2-20 
2-65 
3*10 
3-60 
4-30 



For the next 


For the next 


aOBiiles 


60 Miles 


or anj part 


or any part 


of such 


of such 


Distance. 


Distance. 


Per Ton 


Per Ton 


per Mile. 


per Mile. 


d. 


d. 


0-90 


0-45 


1-00 


0-80 


1-50 


1-20 


1-85 


1-40 


2-30 


1-80 


2-65 


2-00 


3-15 


2*50 


3-70 


3*26 



For the 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 

d. 
0-40 

60 

70 

00 

50 

80 

20 

50 



0- 
0- 
1- 
1' 
1- 
2' 
2" 



Per 
Ton. 
». d, 

3 
6 



1 
1 
1 




6 
6 



1 6 



1 
1 



6 
6 



Maximum Txrmimals. 



Servioe Terminals. 



Per 
Ton. 
8. d. 






1 
1 



3 
5 
8 

4 



1 8 



bo 

.a 



Per 
Ton. 
i. d. 






1 
1 



3 
5 
8 

4 



1 8 



Per 

Ton. 

d. 



1 

1-60 

2 

2 

3 

4 



% 

o 

s 



Per 

Ton. 

d. 



I 

V5Q 

2 

2 

3 

4 



A. 

B. 

0. 

1. 

2. 

3. 

4. 

6. 



I8LB OP WIOHT BAILWAT. 



263 



ment. 



[50 & 56 Yiot. cap. xlyii.] 

ISLE OF WIGHT RAILWAY. 

[Note. — ^The ProTiaional Order applicable to the Isle of Wight Short title. 
Bailway Company, and the Companies next mentioned, may be cited 
as ** The Bailway Bates and Charges, No. 9 (Isle of Wight Bailway, 
&c.) Order, 1892," and the Act confirming it as *' The Bailway Bates 
and Charges, No. 9 (Isle of Wight Bailway, &c.) Order Confirmation 
Act, 1892." 

Commencement of the Order, Ist January, 1893, unless the Board Commence- 
of Trade otherwise direct.] 

MAXIMUM BATES AND CHABGES 

APFLIGABLE TO THB 

Isle of Wight Railway Company, 

Isle of Wight Central Railway Company, 

Brading Harbour Improvement Railway and 
Works Company, 
and 

Freshwater, Yarmouth, and Newport Railway 
Company. 







PABT I. 


— OooDS Am) MnnsBAiiS. 






k^t 


Hazikux 












ps 


Ratbs roE 




Haximum Txuiixals. 






COMYKTANCB. 


























For 






Service Tttrminals. 








Consignmenta, 
except as 


station 
Terminal 










&.8 «» fi 














otherwise pro- 
Tided in 
the Hchedale. 


at each 
End. 


Loading. 


Un- 
loading. 


CoTering. 


XJn- 






Per Ton 
















per Mile. 


Per Ton. 


Per Ton. 


Per Ton. 


Per Ton. 


PerTon. 






d. 


«. d. 


t. d. 


t. d. 


d. 


d. 




A. 


VIS 


3 


— 


^— 


^ 


— 


A. 


B. 


1-90 


6 


— 


_ 


— . 


— 


B. 


0. 


2*00 


1 


3 


3 


1 


1 


0. 


1. 


2-26 


1 6 


6 


5 


1-60 


1-60 


1. 


2. 


2-76 


1 6 


8 


8 


2 


2 


2. 


8. 


3-10 


1 6 


1 


1 


2 


2 


3. 


4. 


3-76 


1 6 


1 4 


1 4 


8 


3 


4. 


6. 


4-30 


1 6 


1 8 


1 8 


4 


4 


5. 



264 PROVISIONAL ORDERS— SPECIAL PROVISIONS. 



[55 & 56 Vict. cap. zlyiii.] 

LANCASHIRE AND YORKSHIRE RAIL- 
WAY COMPANY. 

Short title. [Note.— The PFoyisioiial Order applicable to the Lancashire and 

Yorkshire Bailway may be cited as * * The Bail way Bates and Charges, 
No. 10 (Lancashire and Yorkshire Bailway, &c.) Order, 1892," and 
the Act confirming it as ** The Bailway Bates and Charges, No. 10 
(Lancashire and Yorkshire Bailway, &c.) Order Confirmation Act, 
1892." 

Commence- Commencement of the Order, Ist January, 1893, unless the Board 

ment. ^f r£rade otherwise direct.] 

Companies to which the Lancashire and Yorkshire 
Railway Company^ s Schedule applies^ being the 
Appendix to the Schedule of the Lancashire and 
Yorkshire Railway Company. 

The London and North Western Railway Com- 
pany, and the Lancashire and Yorkshire Railway 
Company in respect of the Lancashire Union 
Railway from Cherry Tree to Chorley and from 
Adlington to Boars Head ; the North Union Rail- 
way from Euxton Junction to Preston ; the Preston 
and Longridge Railway; and the Preston and 
Wyre Railway. 

The London and North Western Railway Com- 
pany; the Lancashire and Yorkshire Railway 
Company; and the Corporation of Preston in 
respect of the Ribble Branch Joint Railway 
Company. 



LANCASHIRE AND YOBKSHIBE RAILWAY. 



265 



MAXTMUM BATES AND CHABGES. 

In calculating the distance over which any Aiiowanoes. 
merchandise is conveyed, and for all purposes of 
rates and charges, the extended line of railway 
authorised by the Manchester and Leeds Railway 
Act, 1839, and the line of railway connecting the 
same with the Lancashire and Yorkshire Railway 
Company's main line of railway, or any part thereof, 
is to be calculated as two and a half miles. 



PAET L— Goods and Minerals. 

Scale I. — Applicable to $uch railways as are not hereinafter specially mentioned. 



1.2 

ll 



ICaximvm Eatss roE Convbtamcs. 



For ConsignmeiLtfl, except an otherwiae 
piovided in the Schedule. 



A. 
B. 
0. 

1. 



For the 

ftrat 

SOMilenor 

anr paxt 

of such 
Distance. 



Per Ton 
per Mile. 

100 
1-40 
1-80 
2-20 



For the 

next 

ao Miles or 

anriMjt 

of such 

Distance. 



Per Ton 
per Mile. 

0-85 
100 
1-50 
1-85 



For the 

next 

60 Miles or 

any part 

of such 
Distance. 



Per Ton 
per Mile. 

d. 
0-50 

0-80 

1-20 

1-40 



For the 
remainder 

of the 
Difitanoe. 



2. 


2-66 


2-30 


1-80 


8. 


3- 10 


2*66 


200 


4. 


3-60 


315 


2-50 


6. 


4-30 


3-70 


3-26 



Per Ton 
per Mile. 

d. 
0-40 

0-50 

0-70 

100 

1-50 

1-80 

2-20 

2-50 



I'd 



I 



Per 
Ton. 



». d. 

8 

6 

1 
1 6 
1 6 
1 6 
1 6 
1 6 



MAximni Tkuuhali. 



Sendee Termisals. 



Per . Per 
Ton. Ton. 



8. d. 



3 

5 

8 

1 
1 4 
1 8 



9. d. 



3 

5 

8 

1 
1 4 
1 8 



Per 
Ton. 



1 

1-50 

2 

2 

8 

4 



I 



Per 

Ton. 



d. 



1 

1-50 

2 

2 

8 

4 



A. 
B. 
0. 
1. 
2. 
8. 
4. 
5. 



266 



PBOYISIONAL ORDERS — SPECIAL PROVISIONS. 



LazLoaahire & YorkBhire BaHway — continued. 

Scale IL — Applicable to the Preston and Longridge Bailway. 



^ 85 S 

O O'0 B 



3, 



1 1^1 



A. 

B. 

0. 

1 

2 
8 

4 
6 



Hazimitm Ratm 

FOB 
GoirVKTAXCS. 



For GoxurignmentB, 
except as other- 
wv» provided in 
the Schedule. 



Per Ton per 
Mile. 

d. 
1-25 

1*40 

1-80 

2-20 

2*65 

3*10 

3*60 

4-30 



MAXXmiM TSRMINALB. 



Station 

Terminal 

at each 

End. 



Per Ton. 

t. d. 

3 

6 

1 
1 6 
1 6 
1 6 
1 6 
1 6 



Senice Tenninals. 



Loading. Unloading. 



Per Ton. 
t. d. 



3 

5 

8 

1 
1 4 
1 8 



Per Ton. 
t. d. 



3 

5 

8 

1 
1 4 
1 8 



CovBdng. 



Per Ton. 
d. 



1*60 
2 

2 
8 

4 



TJnoovexing. 



Per Ton. 
d. 



1*60 
2 
2 
3 

4 



A. 
B. 
0. 



2 
3 

4 
5 



Provided always, that with respect to merchandise in 
Class A, conveyed between Dock Street, Preston, and 
Deepdale, the maximum rate for conveyance shall not 
exceed 2d. per ton. 



LONDON AND NORTH WESTERN RAILWAY. 267 

[54 & 55 Yict. cap. ocxxi.] 

LONDON & NORTH WESTERN RAILWAY. 

[Note. — The Provisional Order applicable to the London and Short title. 
North Western Bailway Company may be cited as '*The London 
and North Western Bailway Company (Bates and Charges) Order, 
1891," and the Act confirming it as '* The London and North Western 
Bail-way Compejiy (Bates and Charges) Order Confirmation Act, 
1891." 

Commencement of Order 1st August, 1892, or such later date as Commence- 
the Board of Trade direct. Now postponed to 1st January, 1893.] ment. 

Companies to which the London and North Western 
Rates apply J being the Appendix to the London 
and North Western Schedule. 

The Great Western Railway Company in respect 
of the Birkenhead Railway (including the West 
Kirby lines) and the Wrexham & Minera Railway. 

The Brecon and Merthyr Tydfil Junction Rail- 
way Company in respect of the Dowlais and 
Merthyr Railway. 

The Rhymney Railway Company in respect of 
the Nantybwch and Rhymney Railway. 

The Chamwood Forest Railway Company in 
respect of the Chamwood Forest Railway. 

The Harbome Railway Company in respect of 
the Harbome Railway. 

The Mold and Denbigh Junction Railway Com- 
pany in respect of the Mold and Denbigh Junction 
Railway. 

MAXIMUM RATES AND OHAROES. 

In calculating the distance over which any Rimcom 
merchandise is conveyed, and for all purposes of j^<^on 
rates and charges, the Runcorn Bridge is to be ^^^^^' 



268 PROVISIONAL ORDERS — SPECIAL PROVISIONS. 

calculated as nine miles, and the junction railway 
authorized by the Stockport, Disley, & Whaley 
Bridge Railway Act, 1855, is to be calculated as 
three quarters of a mile. 
Different Where the distance over which merchandise is 

conveyed consists in part of a line or lines of rail- 
way to which one scale, and in part of a line or lines 
to which another, or more than one other scale of 
rates is applicable, the maximum charge for each 
such portion of the entire distance shall be calcu- 
lated at the maximum rate which, according to 
the scale applicable to such portion, would be 
chargeable for the entire distance. 
Savmg of Nothing in this Order shall affect the tolls, 

TmnsferAot, ratos, duos, and charges prescribed by the St. 
L. &N.W. Helens Canal and Railway Transfer Act, 1864 
Sd^^nai (sects. 12, 13, and 14), the London & North 
1867^^^^*' Western Railway (Additional Powers, England) 
Act, 1865 (sect. 72), and the London & North 
Western Railway (New Works and Additional 
Powers) Act, 1867 (sect. 48), but the company 
may, in respect of the traffic there referred to, 
demand or take the tolls, rates, dues, or charges 
prescribed by those enactments, and shall not 
demand or take any tolls, rates, dues, or charges 
in excess thereof. Provided further that nothing 
herein contained shall prejudice or affect any 
maximum rates or charges in respect of any new 
dock for the construction of which the company 
may seek powers from Parliament. 

The St. Helens Canal & Railway Transfer Act, 1864, sect. 12, 
proyides in efFeot that, except as expressly proyided, the charges 



LONDON AND NORTH WESTERN RAILWAY. 269 

ahall be the same as on the rest of the London & North Western 
Sailway. Sect. 13 provides that the London & North Western 
Bailway Company ahall not demand and receive any greater toll, 
rate, or charge than the following ; — 

For stone, sand, clay, bricks, and limestone, conveyed to and 

from — PER TON 

St. Helens and Widnes Dock - - - 1«. 2<{. 

St. Helens and Garston Dock - - - la. Qd, 

For pyrites, manganese, copper ore, emery stone, plaster stone, 

salt, timber, and merchandise conveyed to and from — 

PER TON 

St. Helens and Widnes Dock - - - 1«. Sd. 

St. Helens and Garston Dock - - - 2a. 2d. 

For all traffic between — 
Widnes Dock or -s r the sidings of any ^ 



Sankey Canal be- 
tween West Bank 
Locks and the first 
bridge across the 
canal 



J works in the township 
of Widnes directly I per ton 
OS I communicating with T Oa. Sd» 
I the line thereby trans- 
^ f erred -^ 

Ghurston Dock and such sidings - - - la. Sd, 

And in all the above cases the charges are respectively to indade 
dock dues, receiving from the ship and loading on the waggons, or 
the unloading from the waggons and delivery to the ship, and also 
the use of waggons. 

For all traffic conveyed from — 
Such sidings in Widnes ) ( works in the town- 1 per ton 
as above mentioned ) ( ship of Widnes ) Oa. 6d. 

For all traffic other than coal or refuse conveyed from — 
Works having a \ / works having sidings com- \ 
siding communi- ( 4^ ) municating with the same r per ton 
eating with the St. ( j lines not more than three I Oa. 9d, 
Helens Bailway / \ miles distant J 

This last-mentioned charge to include use of waggons, but not 
porterage. 

All the above charges for traffic to and from St. Helens axe to 
include the taking waggons with goods to and from the sidings 
directly communicating with the lines of the St. Helens Bailway, 
not being more than two and a quarter miles northward of Sutton 
Oak Junction. 

For any of the foregoing articles when placed at the desire or by 
the default of the consignee on the wharves of the Widnes or 
Garston Dock, the company may charge a wharfage rate not 



270 PROVISIONAL ORDERS— SPECIAL PROVISIONS. 

exceeding 4^. per ton, and if they remain longer than one month 
Id, per ton per month or part of a month. 

For all coal from any colliery on the St. Helens Bailway, not 

more than sixteen miles from Garston Dock to that 

dock - - - * - ' 1b, dd, per ton 

including the charge for the use of the dock, and if the owner 

supplies the locomotive power there is to be a reduction of 4d. 

per ton. 

For alkaline waste, slag, and other refuse conveyed exdusively 
by the railways transferred by the Act, the rates authorised to be 
charged for slack. 

And by sect. 14 no charge is to be made for delivery to or taking 
from sidings commimicating with the railway. 

The London and North Western Bailway Company (Additional 
Powers) Act, 1867, authorised, amongst other things, the construc- 
tion of new docks at Garston, and sect. 48, after incorporating 
sect. 13 and certain other sections of the St. Helens Canal and 
Bailway Transfer Act of 1864, provided that the expression " Gars- 
ton Dock," used in sect. 13 of the Act of 1864, should comprise the 
new docks authorised by the Act of 1867 ; that the expression ''dock 
dues" and ** charges for the use of the dock " should comprise the 
charges imposed in the schedule; and that the expression ''the 
railways hereby transferred " should mean the then existing lines 
of the St. Helens Bailway, and all other railways, tramways, and 
sidings in connection with the docks authorised by the Act of 1867 ; 
and nothing in the Act was to authorise the railway company to 
receive any further toll, rate, or charge in respect of any matters 
mentioned in the incorporated sections so far as regards the docks 
thereby authorised, than the maximum toll, rate, or charge by the 
said sections and by Schedule B. to the Act of 1867 authorised. 

The section then goes on to provide a maximum dock tonnage 
rate of 2d. per ton register on entry to the docks, receivable from 
the owners of vessels carrying cargo for any traders or persons 
entitled to the privileges in the said sections accorded ; and also that 
no dock tonnage rate should be payable by x>6rsons on lighters 
carrying cargo from or to any other part of the port of Liverpool 
for the service of vessels loading or imloading in the said docks. 

Schedule B. contains a dock tonnage rate of 2d, per ton on vessels 
to and from all places. 

Saving of The maximum rates for conveyance for iron 

and steel and stecl articles in classes B. and C. of the 
^^' classification shall not exceed upon the portions 



LONDON AND NORTH WESTERN RAILWAY. 



271 



of the railway respectively governed by the 
London and North Western Railway Amalgama- 
tion Act, 1846 (9 & 10 Vict. c. 204), and the 
Stonr Valley Railway Act, 1846 (9 & 10 Vict. 
c. 328), the rates by those Acts respectively 
authorised. 

The rates lor oonyeyanoe of iron and steel authorised by the 
London and North Western Bailway Co. Amalgamation Act, 1846 
(9 & 10 Yict. 0. 204), are as follows :~ 



• 

DBSOBXPTIOir. 


If Oonrered for a 

BiBtanoeofSOMilM 

or apwanlfl* 


If for any lev 

Puffcaaoathan 

MMllea. 


For iron not damageable • 

For damageable iron, sheet iron, 
hoop iron, and all other similar 
descriptionB of wrouffht iron .... 

For metals, nails, anvUs, Ttces, and 


Par Ton per MOe. 
l" 

1* 
2 


Par Ton per Mfle. 

3 
2i 





This Act amalgamated the London and Birmingham, Grand 
Junction, and Manchester and Birmingham Bailway Companies 
and applied to their railways. 

The rates for oonyeyanoe of iron and steel authorised by the 
Stour Valley Act, 1846 (9 & 10 Vict. o. 328), are as follows :— 



DUCBIPTION. 



Hoop iron, sheet iron, wire iron, and heayy iron cast- 
ings, including railway chairs 

Pig iron, bar iron, rod iron, plates of iron, slabs, 
billets, and rolled iron 

Hetals (except iron nails), anvils, yioes, and chains 
and light castings ••....... 



Per Ton per Mfle. 
d. 

2 

1* 
3 



The Stour Valley Act, 1847, applies to a railway commencing by 
a junction with the London and Birmingham Bailway in the 
parish of Aston, and terminating by a jimction with the Grand 
Junction (Birmingham to Warrington) Bailway in the parish of 



272 PROVISIONAL ORDERS — SPECIAL PROVISIONS. 

Biishbuiy, and a Tailwaj commencing with, a junction with the 
last-mentioned (Aston to Bushbury) railway in the pariah of 
Halesowen, and terminating at or near to the town of Dudley. 

Whitehaven Notwithstanding anything in this Order, the 

Junotion and . ... 

Oookermouth following provisions with respect to the traffic 
ton Railways. Specified in Classes A. and B. passing over the 
Whitehaven Junction (Whitehaven and Mary- 
port) and Cockermouth and Workington Rail- 
ways or any portion of such railways shall apply 
and have effect : — 

(a) In respect of waggons provided by the 

company for the conveyance of traffic 
specified in Class A., the company shall 
be entitled to demand and receive a charge 
of one farthing per ton per mile. 

(b) In respect of the traffic specified in Classes 

A. and B., and of waggons provided by 
the company for the carriage thereof which 
shall be conveyed for a less distance than 
four miles, the company may demand and 
receive rates and charges as for four miles 
at the least irrespective of the place of 
origin or destination of such traffic. 

(c) No charge shall be made by the company 

for the mere delivery of trucks into and 
upon a siding not belonging to the com- 
pany over the junction between the rail- 
way and such siding, or for the haulage 
of trucks from and off such a siding over 
the junction on to the railway of the 
company. 
Haidwaro. With respcct to the articles and things set forth 

under the headings Hardware and Hollow ware 



LONDON AND NORTH WESTSBN BAILWAT. 



273 



in Class 3 of the classification, the maximum rates 
for conveyance over the railways governed by the 
London and North Western Railway Amalgama- 
tion Act, 1846 (9 & 10 Vict. c. 204), and the 
Birmingham, Wolverhampton, and Stour Valley 
Railway Act, 1846 (9 & 10 Vict. c. 328), shall be 
twopence halfpenny per ton per mile if conveyed 
for any less distance than 50 miles, and twopence 
per ton per mile if conveyed for a distance of 
50 miles or upwards, provided always that where 
such articles and things are conveyed for any 
distance exceeding 49 miles the company may 
charge as for 49 miles at the least. 

See note, ante, p. 271. 



PABT I.— Gk)0D8 AiTD Minerals. 

(a) Rates and Terminals in respect of Merchandise 

comprised in Class A. 

Scale I. — Applicable to ntch portions of the Railway a» are not hereinafUr specially 

mentioned. 



Maximum Batss tob Comvbtanci. 



Fortheflnt For the next 
aOMilni, I 80 Miles. 



or any part 

of 8U0h 

Distance. 



Per Ton 

per Mile. 

d. 

0*95 



or any part 

of MUCh 

Distance. 



Per Ton 

per Mile. 

d. 

0*86 



For the next 
tf) Miles, 

or any part 

of such 

Diiitanoe. 



For 

the re- 
mainler 

of the 
Duftanoe. 



Mazimxtm Tsbmimali. 



Station 

Terminal 

at each 

End. 



Per Ton Per Ton Per Ton. 
per Mile, per Mile. 



d, 
0-50 



d. 
0-40 







d, 
3 



Serrice Terminala. 



Loading.! ^^5^- Corerinff. 



PerTon. PerTon. PerTon. 



«. d. 



t, d. 



d. 



UnooTer- 
Ing. 



PerTon. 



d. 



D. 



274 



PROVISIONAL ORDERS — ^SPECTAL PROVISIONS. 



Short du< 
tance. 



Scale U.—Applicahle to the BailwayB herein epecidUy mentumed. 



Sirhowy •.....••.. ....••••• 

Sontli StaffordBhire : — 

Dudley to Wiohnor, and branches to Bes- 
oot, Dudley Port, Cannock, and Leigh- 
wood , 

Wednesbnry to Tipton and James Bridge. 

Norton Brandi and Extension 

Littleworth Extension 

Merthyr, Tredegar, and Abergavenny : — 

Abergayenny to Nantybwch, Merthyr Ex- 
tension, and Cwm Bargoed Branch .... 

Nantyglo and Blaina • 

Brynmawr and Blaenavon : — 

JSrynmawr to Blaenayon and Abersychan 

Extension • • • 

Whitehayen Junction : — 

Whitehaven to Maryport 

Gockermouth and Workington 

The Dowlais and Merthyr Railway, jointly 

owned by the Gonmany and the Brecon 

and Merthyr Tydfil junction Bailway 

Company ........ .... 

The Kianlybwoh and I^vmney Bailway, 

1'ointly owned by the dompany and tne 
Ihymney Bailway Company 

The Chamwood Forest Bailway, worked by 

the Company • 

South Leicestershire : — 

Nuneaton to Wigston 

Mold Junction to Mold and Coed Talon .... 

Carnarvon to Llanberis 

The Mold and Denbigh Junction Bailway, 

worked by the Company 

Carnarvon Junction to Afonwen Junction. . 

Nantlle Branch 

Chester and Holyhead 

Bangor and Bethesda 

Sto<£port Junction to Buxton 

Cromiord and High Peak 

Buxton and High Peak Junctions 

Ajehboume and Buxton ^ 

Lancaster and Carlisle, including Ingleton, 

Morecambe, and Glasson Dock Branches. . 



ifa-HTnimi Bate 
forGoaveyanoe 



PttTonper 
Mae. 






•876 



S 1-26 



2-0 



Station 

Teimiiialat 

j^%^ ^ end. 



d, 
8 



3 



Provided that with regard to the Sirhowy 
Railway, the company shall with respect to 
merchandise in Class A. conyeyed for a less 



LONIK)N AND NORTH WESTERN RAILWAY. 



276 



distance than four miles, have power to charge 
as for four miles at the least, irrespective of the 
place of origin or destination of the traffic. 

Scale EH. — AppUcahle to the Cannock Chase Railway* 

For the whole or any portion of the Cannock Cannock 
Chase Railway, the company may charge a maxi- 
mum rate of 9d. per ton, except with regard to 
merchandise passing along and from the railway 
secondly described in and authorised by the 
Cannock Chase Railway Act, 1860, on to the 
Littleworth Tramway, and not having passed 
along any part of the railway firstly described in 
the said Act, for which merchandise they may 
charge a maximum rate of 4-50rf. per ton. 

(b) Rates and Terminals in respect of Merchandise comprised 

in Gasses B., C, 1, 2, 3, 4, and 5. 

Scale I. — Applicable to such portions of the Railway as are not hereinafter specially 

mentioned. 



fco 



^.g 



^ St 

£8 



B. 

C. 

1 

2 

3 

4 

6 



Majcimum Batxb roB Coxybtakcb. 



For the flrat 

20 Miles, or 

any part 

of huch 

Diatanoe. 



Per Ton 

perHile. 

d. 

1-26 
1-80 
2*20 
2-65 
3-10 
3-60 
4-30 



For the next 

SO Milcfl, or 

any part 

of such 

Distance. 



Per Ton 

per Mile. 

d. 



1 
1 
1 
2 
2 
3 
3 





50 
85 
30 
65 
16 
•70 



For the next 

60 Milcfl, or 

any part 

of such 

Diatauce. 



For the 
remnindcr 

of the 
Distance. 



1 



TJ 

s 



Per Ton 
per Mile. 
d. 
0-80 
1-20 
1-40 
1-80 
200 
2-50 
3-25 



Per Ton 

per Mile. 

d. 

0-50 




1 
1 
1 
2 
2 



70 
00 
50 
80 
20 
•50 



(3 

o 

OD 



Per 
Ton. 
t. d. 

6 

1 
1 6 
1 6 
1 6 
1 6 
1 6 



Maximuh Tbrmikals. 



Service Terminals. 



Per 
Ton. 
«. d. 






1 
1 



3 
6 

8 



•a 



Per 
Ton. 
«. d. 









I 1 
4 1 



3 
6 

8 


4 



18 18 



Per 

Ton. 
d. 

1 

1-60 

2 

2 

3 

4 






Per 

Ton. 

d, 

1 

1-60 

2 

2 

3 

4 



B. 
0. 
1 
2 
8 
4 
6 



t2 



276 



PKOVISIONAL ORDBBS — SPECIAL PK0VIS10N8. 



R * ^' ^' (^) Rates ^^^ Terminals in respect of Merchandise 

Whitehayen 
Junotioii. 



comprised in Class B. 



Scale II. — Applicable to the BaUwaye herein specially mentioned. 



WhitehaTen Jmiotioii : — 
Whitehaven to Maryport, Gookermoath, 
and Workington 



iffn'rimfim Bate 

per Ton per 

MUe. 



d. 



1-60 



Btation 

Tarmixml 

at each End. 



«. d. 



6 



Provided always that with regard to mer- 
chandise in Class B. conveyed upon the White- 
haven Junction or Cockermonth and Workington 
Railways or any portion thereof for which the 
company do not provide waggons, the maximum 
rate for conveyance before mentioned shall be 
reduced by the sum of \d. per ton per mile. 



LONDON AND SOUTH WB8TBRN RAILWAY. 277 



[64 & 65 Yict. cap. ooxyi.] 

LONDON AND SOUTH WESTERN 

RAILWAY. 

[Note. — The FroTisional Order applicable to the London and Short title. 
South Western Railway Company may be cited as '*The London 
and South Western Bailway Company (Bates and Charges) Order, 
1891," and the Act confirming it as ''The London and Southwestern 
Bailway Company (Bates and Charges) Order Confirmation Act, 
1891." 

Commencement of the Order 1st August, 1892, or such later date Commeiioe- 
as the Board of Trade direct. Now postponed to 1st Jan. 1893.] ment. 

Companies to which the London and South Western 
Railway Rates apply j being the Appendix to the 
London and South Western Railway Company* s 
Schedule. 

The Weymouth and Portland Railway Company, 
in respect of the Weymouth and Portland Railway. 

The Plymouth and Dartmoor Railway Company, 
in respect of the Plymouth and Dartmoor Railway. 

The Stonehouse Port Improvement Company, 
in respect of the Stonehouse Port Railway, 

The Somerset and Dorset Railway Company, 
in respect of the Somerset and Dorset Railway. 

The North Cornwall Railway Company, in 
respect of the North Cornwall Railway. 

The Salisbury Railway and Market House 
Company, in respect of the Salisbury Market 
Branch Railway. 



278 PEOVISIONAL ORDEKS — SPECIAL PROVISIONS. 

The Bridgwater Railway Company, in respect 
of the Bridgwater Railway. 

The Plymouth, Devonport, and South Western 
Junction Railway Company, in respect of the 
Plymouth, Devonport, and South Western Jxmc- 
tion Railway. 

The Sidmouth Railway Company, in respect of 
the Sidmouth Railway. 

The Midland Railway Company, in respect of 
the Midland and London and South Western 
Joint Corf e Mullen Junction Railway. 

The London, Brighton, and South Coast Railway 
Company, in respect of the following joint lines: — 

Joint Portsmouth Railway. 

Isle of Wight and Ryde Pier Railway. 

Southsea Railway. 

Tooting, Merton, and Wimbledon Railway. 

Epsom and Leatherhead Railway. 

MAXIMUM BATES AND CHAEGES. 

Different Where the distance over which merchandise 

is conveyed consists in part of a line or lines of 
the company to which one scale, and in part of 
a line or lines to which another, or more than one 
other scale of rates is applicable, the maximum 
charge for each portion of the entire distance 
shall be calculated at the maximum rate which, 
according to the scale applicable to such portion, 
would be chargeable for the entire distance. 



LONDON AND SOUTH WBffTBBN BAILWAT. 



279 



PABT L — Goods and Minehals. 

(a) Rates and Terminals in respect of Merchandise 
comprised in Classes A., B., C. 

Scale L — Appliealle to such portions of the Railway as are not Jiereina/ter 

specially mentioned. 



i| 






A. 
6. 
C. 



Mazimum Ratbs roB CoyriTAirci. 



For Ooiudgiuneiita, except u otherwiM 
provided in the bchedule. 



Thefixet 

20 Miles, or 

any pert 

of raoh 

Disteooe. 



Per Ton 

per Mile. 

d. 

1-60 

1-60 

1*80 



Ftothe 


For the 


next 


next 


ao Miles, or 


60 Miles, or 


anrpert 
of each 


an V part 

01 BUCh 


Distance. 


Distance. 


Per Ton 


Per Ton 


per Mile. 


per Mile. 


rf. 


d. 


0-95 


0-76 


MO 


0-85 


1-60 


1-20 



For the 
remainder 

of the 
Distance. 



Per Ton 

per Mile. 

d, 

0*60 

0-70 

0-70 



Station 

Termi- 

nalat 

each 

End. 



Per 
Ton. 
«. d. 

3 

6 

1 



Maxixdv TsBMnrALS. 



Berrice Tenninals. 



Per 
Ton. 
«. d. 



3 



Per 
Ton. 
«. d. 



3 



I 



Per 

Ton. 
d. 



Per 

Ton. 

d. 



A. 

B. 
0. 



Scale U. — Applicable to the portions of the Railway herein specially mentioned. 



Kine Elme to Snrbiton . . 

Wimbledon to Pntner . . 

Qapham Junction to Pelt- 
ham Junction 

Barnes toFeltham Jxmotion 
(loop line) 

Hammersmith Junction to 
Bichmond Junction .... 

Twickenham to Maiden . . 



In respect 
of Mer- 
chandise 
comprised in 
the under- 
mentioned 



A. 
B. 
0. 



Haximum 

BATSSFOa 
COXYBTAWOS. 



ForConsign- 

mentSf except 

as otherwise 

proTidedin 

toe Schedule. 



Per Ton 

per Mile. 

d, 

1-90 

200 

2*20 



Station 
Termi- 
nal at 
each 
End. 



Per 
Ton. 
«. d. 
8 

6 

1 



Mazmum TniovAU. 



Serrice Tenninals. 



Per 

Ton. 

d. 



3 



Per 

Ton. 

d. 



8 



Per 

Ton. 

d. 



Per 

Ton. 

d. 



280 



PROVISIONAL ORDEBS — BFECIAL PROVISIONS. 



L. & S. W. Bailway — eontinued. 

(b) Rates and Terminals in respect of Merchandise 
comprised in Classes 1, 2, 3, 4, and 5. 



Maximum Batxh fob Cohtstavcb. 



F<nr ComaignmeiitB, ezoept aa otherwiae provided 
in the Schedule. 



For the 

first 

SO Miles, 

or any 

part 

ofaoch 

DiBtanoe. 



1. 
2. 
3. 
4. 
6. 



Per Ton 
per Mile. 

d, 
2-26 

2-76 

8-10 

3-76 

4-30 



For the 

next 

80 Miles, 

or any 

part 

of sach 

Diatanoe. 



Per Ton 
per Mile. 

d. 
1-90 

2-36 

2-80 

3-35 

3-90 



For the 

next 

60 Miles, 

or any 

part 

ox such 

Distance. 



Per Ton 
per Mile. 

d. 
1-66 

2*06 

2-50 

816 

3-80 



For the 
remainder 

of the 
Distance. 



Maximum Tbbmixals. 



Per Ton 
per Mile. 

d. 
1-36 

1-66 

2-10 

2-60 

300 



Station 

Tenni- 

nalat 

each 

End. 



Per 
Ton. 

t. d. 
1 6 

1 6 

1 6 

1 6 

1 6 



Service Terminals. 



Per 
Ton. 

t, d, 

6 

8 

1 
1 4 
1 8 



I 



Per 
Ton. 

«. d. 
6 

8 

1 
1 4 
1 8 



I 



Per 
Ton. 

d. 
1-60 

2 

2 

8 



I 



Per 
Ton. 

d, 
1-60 

2 

2 

3 

4 



1. 
2. 
3. 
4. 
6. 






L0N1X>N, BRIGHTON, AND SOUTH COAST BAILWAY. 281 

[54 & 66 Vict. cap. ccxrii.] 

LONDON, BRIGHTON, AND SOUTH COAST 

RAILWAY. 

[Note. — ^The Provisional Order applicable to the London, Short title. 
Brighton, and South Coast Bailway Company may be cited as 
'* The London, Brighton, and South Coast Railway Company (Bates 
and Charges) Order, 1891," and the Act confirming it as ** The Lon- 
don, Brighton, and South Coast Railway Company (Rates and 
Charges) Order Confirmation Act, 1891." 

Commencement of Order Ist August, 1892, or such later date as Gommence- 
the Board of Trade direct. Now postponed to 1st Jan. 1893.] ™«^*- 

Companies to which the London^ Brighton^ and South 
Coast Railway Rates apply, being the Appendix 
to ths London, Brighton, and South Coast Rail- 
wag Company^ s Schedule. 

The South Eastern Railway Company in re- 
spect of the following joint railways : — 

The Croydon and Oxted Railway. 

The Woodside and South Croydon Railway. 

The Bricklayers' Arms Railway. 

The railway between London Bridge and 

Corbett Lane Junction. 
The railway between Coulsdon and Redhill. 
The railway between Bo-peep Junction and 

Hastings. 

The London, Chatham, and Dover Railway 
Company in respect of the railway between 
Wandsworth Road and Loughborough Park. 

The London and South Western Railway Com- 
pany in respect of the railway between Pease- 
marsh Junction and Guildford. 



282 



PBOYISIONAL OBDEBS — SPECIAX PROVISIONS. 



The Hayling Railway Company in respect of the 
Hayling Railway. 

The Brighton and Dyke Railway Company in respect of 
the Brighton and Dyke Railway. 

MAXIMUM BATES AND CHAEGES. 

Where the distance over which merchandise is conveyed 
consists in part of a line or lines of the company to which 
one scale, and in part of a line or lines to which another 
or more than one other scale, of rates is applicable, the 
maximum charge for each portion of the entire distance 
shall be calculated at the maximum rate which, according 
to the scale applicable to such portion, would be chargeable 
for the entire distance. 

PART I.— Goods akd MnrEaALS. 

(a) Rates and Terminals in respect of Merchandise 
comprised in Classes A., B., and C. 

Scale I. — Applicable to such portions of the Railway as are not hereinafter specially 

mentioned. 



II 
I 

ll 



.a 



A. 
B. 
0. 



Maxikum Bates fob CoimYAHOB. 



For Ck>D8igninent8 except aa otherwise 
provided in the Schedule* 



For the 

first 

20 Miles, 

or any 

part of 

sach 

Distance. 



Per Ton 

per Mile. 

d. 

1-60 
1*60 
1-80 



For the 


For the 


next 


next 


aOMUes, 


60 Miles, 


or any 


or any 


part of 


part of 


sach 


such 


Distance. 


Distance. 


Per Ton 


Per Ton 


per MUe. 


per Mile. 


d. 


d. 


0-95 


0-75 


MO 


0-86 


1-50 


1-20 



For the 
remainder 

of the 
Distance. 



Per Ton 

per Mile. 

d, 

0*60 
0-70 
0-70 



Station 
Termi- 
nal at 
each 
End. 



Per 
Ton. 
t, d. 

8 

6 

1 



MumcuM Tbbmxxals. 



^ 
t 



Per 

Ton. 

d. 



Service Tennlnals. 






Per 

Ton. 

d. 



6 



Per 

Ton. 

d. 



Per 

Ton. 

d. 



B. 



L0inK>N9 BBIGHTONy AND SOUTH COAST BAILWAT. 



283 



ScAiiE n. — ApplicahU to the portions of the Railway herein specially mentioned. 



(a} London Bridge to Croydon (in- 
dnding* junction witn Brick- 
lajers* Arms Railway and jnno* 
tions with South London Kail- 
way at Old Kent Road) 

{b) South London Line 

(r) Biicklajers* ArmB Railway .... 

(d) Thames Junction Railway (Dept- 

ford Wharf Branch), inolndmg- 
junotion with main line at New 
Groflfl, and with South London 
Line at Old Kent Road 

(e) Victoria to Croydon, inoludinff 

branch to Batteraea Wharf, 
branch from Balham to Norwood 
Junction and Selhurst, Norwood 
Spar, branch from Streatham 
Junction to Tooting Junction, 
Crystal Palace, and Sydenham 
Spur, Streatham Spurs, Tulse 
SmiSpurs 

(/) The Tooting, Merton, and 
Wimbledon Railway (Tooting 
Junction yii Wimbledon to 
Tooting Junction) 

(ff) Wimbledon and Croydon Rail- 
way (Wimbledon to Croydon) . . 

(h) The railway from Peckham Rye 
to Hitcham Junction, vii Tulse 
Hill 



A. 



>B. 



C. 



Maximum 
Batu roB 

COXVBTAXCB. 



For CoD^go^ 
menta except 
u othcTwiw 
provided in 
the Schedule. 



Per Ton per 

MUe. 



190 



200 



2-20 



BCazimitm Tbbmiit AtS. 



Per 

Ton. 



t, d. 

3 



6 



1 



Bprrioe Terminals. 



Per 

Ton. 



d. 



3 



Per 
Ton. 



d. 



8 



Per 
Ton. 



d. 



u 



Per 
Ton. 



d. 



284 



FBOTISIONAL ORDERS — SPECIAL PROVISIONS. 



L. B. & S. C. Bailwaj — eontinued. 

(b) Rates and Terminals in respect of Merchandise 
comprised in Classes 1, 2, 3, 4, and 5. 



H 
Ik 

K 

.g 



s 



1. 

2. 
8. 



4. 
6. 



Maximum Ratss fob ComrxTAKOB. 



For Consignments, except as otherwise 
provided in the Schedule. 



For the first 
20 Miles, 

or any part 

of such 

Distance. 


For the next 
SO Miles. 

oranypart 

of such 

lyistanoe. 


Per Ton 
per Mile. 


Per Ton 
per Mile. 


d, 
2-26 


d. 
1-90 


2-76 


2-35 


310 


2-80 


3-76 


3-35 


4-30 


3-90 



For the next 
GOMilt«, 

or any part 

of sueh 

Distance. 



Per Ton 
per Mile. 

d. 
1-66 

2*06 

2-60 

315 

8-80 



For the 
remainder 

of the 
Distance. 



^ 



Per Ton 
per Mile. 

d. 
1-36 

1-65 

210 

2-60 

2-90 



O' 

1 

GQ 



'S 



Per 
Ton. 

t. d. 

I 6 

1 6 

1 6 

1 6 

1 6 



Maximum Tsbmhials. 



Service Terminals. 



Per 
Ton. 

«. d. 

6 

8 

1 
1 4 
1 8 



Per 
Ton. 

s. d. 
5 

8 

1 
1 4 
1 8 



I 



Per 
Ton. 

d. 
1-60 



I 



Per 
Ton. 

d, 
1-60 



2. 



3. 



3 



LONDON, CHATHAM AND DOVER RAILWAY. 285 



[64 & 55 Yict. cap. ocxriii.] 

LONDON, CHATHAM AND DOVER 

RAILWAY. 

[Note. — The ProviBional Order applicable to the Londoiii Chat- Short title. 
ham and Doyer Bail way Company may be cited as *' The London, 
Chatham and Dover Bailway Company (Bates and Charges) Order, 
1891," and the Act confirming it as ** The London, Chatham and 
Dover Bailway Company (Bates and Charges) Order Confirmation 
Act, 1891." 

Commencement of the Order Ist August, 1892, or such later date Commenoe- 
as the Board of Trade direct. Now postponed to Ist Jan. 1893.] °^*^^' 

Companies to which the London^ Chatham and Dover 
Railway rates apply ^ being the Appendix to the 
Londonj Chatham and Dover Railway Company* s 
Schedule. 

The Victoria Station and Pimlico Railway 
Company, in respect of the Victoria Station and 
Pimlico Railway. 

The London, Brighton, and South Coast Rail- 
way Company, in respect of the line between 
Barrington Road Junction, Brixton, and Cow 
Lane Junction, Peckham. 

The London, Brighton, and South Coast Rail- 
way Company, in respect of the line between the 
Norwood Spur Junction and the Norwood Junc- 
tion Station, and between the Crystal Palace 
Line Junction and the Crystal Palace Station. 

The Mid Kent (Bromley to St, Mary Cray) 



286 



PROVISIONAL ORDERS— SPECIAL PROVISIONS. 

Railway Company, in respect of the Mid Kent 
(Bromley to St. Mary Cray) Railway. 

The South Eastern Railway Company, in 
respect of the Dover and Deal Joint Railway. 



Allowanoefl. 



Different 
Boales. 



MAXIMUM RATES AND CHAEGES. 

In calculating the distance over which any mer- 
chandise is conveyed, and for all purposes of rates 
and charges, the City Lines Undertaking from 
West Street Junction to Earl Street, authorised 
by the London, Chatham and Dover Railway 
(City Undertaking) Act, 1864, is to be calculated 
as two and a half miles; the Victoria Station 
and Pimlico Railway, authorised by the Victoria 
Station and Pimlico Railway Act, 1858, is to be 
calculated as six miles ; the Metropolitan Exten- 
sion Line, between Earl Street and Walworth 
Road, is to be calculated as six miles ; and the 
railway between Wandsworth Road and the junc- 
tion with the Victoria Station and Pimlico Rail- 
way is to be calculated as six miles. 

Where the distance over which merchandise is 
conveyed consists in part of a line or lines of 
railway to which one scale, and in part of a line 
or lines to which another, or more than one other 
scale of rates is applicable, the maximum charge 
for each such portion of the entire distance shall 
be calculated at the maximum rate which, accord- 
ing to the scale applicable to such portion, would 
be chargeable for the entire distance. 



LONDON, CHATHAM AND DOVEB RAILWAY. 



287 



PAET I.~ Goods and Minerals. 



(a) Rates and Terminals in respect of the Merchandise 
comprised in Classes A., B.^ and C. 

Scale I. — ApplicabiU to wch portions of the Bailway cu are not hereinafter spedaUy 

mentioned. 



ii 



SI 



A. 
B. 
C. 



ICixmnii Batu fob Govtbtavoi. 



For ConngnmentB, except u otherwjie 
prorided in the Bchednle. 



For the 

flrrt 

SO Miles, 

or any 

part of 

such 

Distance. 



Per Ton 

perHUe. 
d. 

1-60 
1*60 
1-80 



For the 

next 

80 Miles, 

or any 

part of 

muAi 
Distance. 



Per Ton 

per Mile. 

d. 

0*96 
1-10 
1-60 



For the 

next 

60 Miles, 

or any 

part of 

such 

Distance. 



Per Ton 

per Mile. 

d, 

0-76 
0-85 
1-20 



For the 
renuunder 

of the 
Distance. 



Per Ton 

per Mile. 

d, 

0-60 
0-70 
0-70 



Maxikum TsxicnrALS. 



Station 
Termi- 
nal at 
each 
End. 



Per 
Ton. 
«. d, 

3 

6 

1 



Service Terminals. 



Per 
Ton. 
«. d. 



3 



I 



Per 
Ton. 
«. d. 



3 



Per 

Ton. 

d. 



8 



Per 

Ton. 
d. 



A. 
B. 
C. 



Scale n. — Applicable to the portione of the Railway herein epedally mentioned. 



The City lines— 
From West Street Juno- 
tion with the Metro- 

Solitan Railway to Earl 
treet, Blackfnars .... 



Ill 

I 

A 3 



A. 

IB. 

ro. 



MAximm Ratss vob 

COVTBTAVCB. 



Fto other Consign- 
ments, except as 

otherwise proyided 
in the Bchednle. 



Station 

Tenni- 

nalat 

each 

End. 



Per Ton per Mile. 

d. 
1-90 
200 
2*20 



Per 
Ton. 
s, d. 
3 

6 

1 



Maxixuh TsBimrALS. 



Benrice OPsnninals. 



Per 

Ton. 

d. 



3 



Per 

Ton. 
d. 



8 



Per 

Ton. 

d. 



Per 

Ton. 

d. 



288 



PROVISIONAL ORDERS — SPECIAL PROVISIOKS. 



Scale II. — continued* 



The Metropolitan Exten- 
sion Lines — 
From Earl Street to 
Penge Junction ; to 
Victoria Bridge Junc- 
tion ; to Lavender Hill 
Junction ; toTulse Hill 
Junction ; from Heme 
Hill to Brixton ; from 
Shepherd* s Lane Junc- 
tion to Barring^ij 
Boad Junction, Brix- 
ton; and from Kun- 
head Junction to 
Greenwich 

The Victoria Station and 
Pimlioo Line of the 
Victoria Station and 
Fimlico Railway CSom- 
panv — 
From Victoria Station to 
the junctions with the 
Metropolitan Exten- 
sion Lanes of the Lon- 
don, Chatham, and 
Dover Companv on the 
south fdde of tne Vic- 
toria Railway Bridge 
over the River Thames 

The Crystal Palace and 
South London Juno 
tion line — 
From Cow Lane Junction 
to the Crystal Palaoe. . 

The railway from the Cry- 
stal Palace Line Junction 
to Shortlands Junction. . 

The railway of the Mid 
Kent (Bromley to St. 
Mary Cray) Railway 
Company 



>B. 



C. 



IfAzncuM Rates vob 

CONVBTANOB. 



For other Conrign- 
ments except as 

otherwise provided 
in the Schedule. 



Per Ton 

per Mile. 



1-90 



200 



2-20 



MaXIMUX TbBXXV AL8. 



St&tloii 
Termi- 
nal at 
each 
End. 



Per 

Ton. 



«. d. 
3 



6 



1 



Service Tenninala. 



Per 
Ton. 



d. 



c 



Per 

Ton. 



d. 



8 



6 



Per 
Ton. 



Per 
Ton. 



a. 



LONDON, CHATHAM, AND DOVER RAILWAY. 



289 



(b) Rates and Terminals in respect of Merchandise 
comprised in Classes 1> 2, 3, 4, and 5. 



1. 

2. 
3. 
4. 
6. 



ICAzmni Ratu fob CosrsTAarcB. 



Far CorndgtoDBata, except u ofhenrite 
provided in the Schedule. 



Forthefint 
SO Miles, 

or any part 

of such 
Distanoe. 



Per Ton 
per Mile. 

d, 
2-25 

2-76 

8-10 

8-75 

4-30 



For the next 
80 Miles, 

or any part 

of such 

Distance. 



Per Ton 
per Mile. 

d. 
1-90 

2-36 

2-80 

8-35 

3-90 



For the next 
60 Miles, 

or any part 

of rach 

Distance. 



Per Ton 
per Mile. 

d. 
1-66 

2-06 

2-60 

815 

3*80 



For the 
remainder 

of the 
Distance. 



Per Ton 
perMUe. 

d. 
1-36 

1*06 

2-10 

2-60 

2-90 



Per 
Ton. 

«. d, 

1 6 

1 6 

1 6 

1 6 

1 6 



MaXDHTM TlBMIVALt. 



Senrioe Terminals. 



Per 
Ton. 

«. d, 

6 

8 

1 
1 4 

1 8 



Per 

Ton. 

i. d. 
6 

8 

1 
1 4 
1 8 



6 



Per 
Ton. 

d. 
1-60 



3 



Per 
Ton. 

d, 
1-60 



2 
3 



1. 
2. 



3. 



D. 



U 



290 PROVISIONAL 0BDEB8 — SPECIAL PROVISIONS. 



znenfc. 



[SS & 56 Yiot. cap. zliz.] 

LONDON, TILBURY, AND SOUTHEND 
RAILWAY COMPANY. 

Short title. [NoTB.— The Froyisional Order applicable to the London, Tilbury, 

and Southend BailVay Company, and the other Companies next 
mentioned, may be cited as " The Bailway Bates and Charges, No. 1 1 
(London, Tilbury, and Southend Bailway, &c.) Order, 1892," and 
the Act confirming it as *' The Bailway Bates and Charges, No. 11 
(London, TUbury, and Southend Bailway, &o.) Order Confirmation 
Act, 1892." 

Comineiice- Commencement of the Order 1st January, 1893, or such later date 

as the Board of Trade direct.] 

MAXIMUM BATES AND CHABGES 

APPLICABLE TO THE 

London,- Tilbury and Southend Railway Com- 
pany, 

Burry Port and Gwendraeth Valley Railway 
Company, 
Colne Valley and Halstead Railway Company, 
East and West Junction Railway Company, 
Eastern and Midlands Railway Company, 
Evesham, Redditch and Stratford-on-Avon 
Railway Company, 

Felixstowe Railway and Dock Company, 
Gwendraeth Valley Railway Company, 
King's Lynn Docks and Railway Company, 
MelHs and Eye Railway Company, 
Northampton and Banbury Junction Railway 
Company, 



LONDON, HLBURY, AND SOUTHEND RAILWAY. 



291 



Ramsey and Somersham Junction Railway Company, 
Tottenham and Hampstead Junction Railway Company, 

and the 
Wivenhoe and Brightlingsea Railway Company. 



PABT L^QOODS A2VD MiNS&ALS. 



MAZunTM Batss fob Covtstaxcb. 



For Ooaajgiimente, except m othemiM 
proTided in the Saiediile. 



For tiie 

lint 

SOMilM, 

or any put 

of snm 

Distanoe. 






B. 
C. 

1. 
2. 
3. 
4. 
6. 



Per Ton 
per Mile. 

d. 
116 

1-40 

1-80 

2*20 

2-66 

3*10 

3-60 

4*80 



For the 

nest 

SOMOee, 

or any pert 

of nich 

Difltanoe. 



Per Ton 
perMfle. 

d. 
0*90 

1-06 

1-60 

1-86 

2-30 

2-66 

3-16 

3-70 



For the 

bwKt 

SOlOlea, 

or any part 

of each 
Distance. 



Per Ton 
per Mile. 

d. 
0-46 



Forjthe 
ranainder 

of the 
Diatance. 



Per Ton 
per Mile. 

d. 
0*40 



0*80 


0-66 


1*20 


0-70 


1*40 


1*00 


1*80 


1*60 


200 


1*80 


2*60 


2-20 


8*26 


2-60 



ICaXIMDM TlBMIXALi. 



Per 

Ton. 

«. d. 



Berriee Tvmlnali. 



Per 
Ton, 

«. d. 



3 — 



6 

1 
1 6 
I 6 
1 6 
1 6 



1 6 



3 

6 

8 

1 
1 4 



1 8 



g 



Per 
Ton. 

«. d. 



3 

6 

8 

1 
1 4 
1 8 



Per 
Ton. 

d. 



1-60 



3 



Per 
Ton. 

d. 



1*60 

2 

2 

3 

4 



A. 
B. 
C. 
1. 
2. 
3. 
4. 
6. 



V2 



292 



PROVISIONAL ORDERS— SPECIAL PROVISIONS. 



Short title. 



Commenoe- 
ment. 



[55 & 6Q Vict. cap. L] 

MANCHESTER, SHEFFIELD, AND LIN- 
COLNSHIRE RAILWAY COMPANY. 

[Note. — The Provisional Order applicable to the Manchester, 
Sheffield, and Lincolnshire Bailway Company, and the other Com- 
panies next mentioned, may be cited as ** The Eailway Rates and 
Charges, No. 12 (Manchester, Sheffield, and Lincolnshire Bailway, 
&c.) Order, 1892," and the Act confirming it as '* The Bailway Bates 
and Charges, No. 12 (Manchester, Sheffield, and Lincolnshire Bail- 
way, &c.) Order Confirmation Act, 1892." 

Commencement of the Order 1st January, 1893, or such later 
date as the Board of Trade direct] 



MAXIMUM BATES AND CHABQES 

APPLICABLE TO THE 

Manchester, Sheffield, and Lincolnshire Railway 
Company, 

Liverpool, Southport, and Preston Junction 
Railway Company, 

Macclesfield Committee, 

And also to the folhwing Companies comprised in the 
Appendix to the Manchester ^ Sheffield^ and Lin- 
colnshire Railway Company* s Schedule. 

The Wigan Junction Railways Company, in re- 
spect of the Wigan Junction Railways ; 

The Great Northern Railway Company, the Man- 
chester, Sheffield, and Lincolnshire Railway 
Company, and the Midland Railway Com- 
pany, in respect of the Cheshire Lines Rail- 
ways; 

The Great Northern Railway Company, the Man- 
chester, Sheffield, and Lincolnshire Railway 



MANCHESl'ER, SHEFFIELD, AKD LINCOLNSHIRE RAILWAY. 293 

Company, the. Midland Railway Company, 
aiid the Southport and Cheshire Lines Exten- 
sion Railway Company, in respect of the 
Southport and Cheshire Lines Extension 
Railway ; 

The London and North Western Railway Com- 
pany, and the Manchester, Sheffield, and 
Lincolnshire Railway Company, in respect of 
the Manchester South Junction and Altrin- 
cham Railway and the Oldham, Ashton, and 
Guide Bridge Junction Railway; 

The Manchester, Sheffield, and Lincolnshire Rail- 
way Company and the Midland Railway 
Company in respect of the Sheffield and 
Midland Committee Lines ; 

The Great Northern Railway Company and the 
Manchester, Sheffield, and Lincolnshire Rail- 
way Company, in respect of the West Riding 
and Grimsby Railway. 



Where the distance over which merchandise is i>ifferent 

soales. 

conveyed consists in part of a line or lines of the 
company to which one scale, and in part of a line 
or lines to which another, or more than one other, 
scale of rates is applicable, the maximum charge 
for each such portion of the entire distance shall be 
calculated at the maximum rate which, according 
to the scale applicable to such portion, would be 
chargeable for the entire distance. 

In calculating the distance for the purpose of the AUowanoeB. 
maximum charge for conveyance of any merchan- 
dise, mineral, animal, or other traffic hereafter men- 
tioned, the bridge which carries the railway over 
the River Trent, as constructed under the South 



294 



FBOVISIONAL ORDERS — SPECIAL PROVISIONS. 



Yorkshire Railway Amendment Act, 1861, shall be 
calculated at a distance of one mile in respect of 
Classes A. and B., and in respect of all the other de- 
scriptions of traflSc, whatsoever the distance, shall 
be calculated as half a mile, and the portion of the 
Manchester South Junction and Altrincham Rail- 
way between Ordsall Lane and London Road, or 
any part thereof, shall be calculated as three miles. 

PABT I.— Goods and Minerals. 

SoALE I. — Applicahh to the Oldham, Aahton and Ouide Bridge 
Junction Bailway, in respect of Merchandise in Class A, 



Maxihuv Rats vob Cohteyaxcb. 


Maximum Statioh Trrmixal at kach kxd. 


Per Ton per Mile. 
\'2bd. 


Per Ton. 



Scale II. — Ayplicable to the Macclesfield Committee in respect of Merchandise 

comprised in Classes A. and B. 



11 

•-J3 



i 



?J 



A. 
B. 



Maximum Ratbs fob CosrvsTAXCB. 



For ConolgiimentB, except ae otherwise 
provided in the Efchedule. 



For the flnt 

SOMUes, 

or any 

partof amoh 
Distance. 



Per Ton 
per Mile. 

d, 
116 

1-25 



For the next 
80 Maes, 

or any part 

of such 

Distanoe. 



Per Ton 

per Mile. 

d, 
0-90 

1-00 



For the next 
60 Miles, 

oranypsit 

of such 

Distance. 



Per Ton 
per Mile. 

d. 
0-46 

0-80 



For the 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 

d, 
0-40 

0*50 



Per 
Ton. 

d. 
3 

6 



Maximum Tsbmikalb. 



Service Tennisalst 






Per 
Ton. 

d. 



n 



Per 
Ton, 

d. 



Per 
Ton. 

d. 



8 
5 



Per 
Ton. 

d. 



A. 
B. 



MANCHESTER, 8HBFPIELD, AND LIKOOLNSHIRB RAILWAY. 



ScALS HL—ApplieahU, tavi a$ htrtinbt/ort tpKialiy nundontd. 



1 


KAiiam Bmi i 


„c»™. 


.c. 




Kunuii Tnamiu. 






1 


'-"TSSSTteSST'^ 


•i 


^r.^ 




i 


' 




^ 


li 


I 


1 


I 


■ 


- 




Per Ton 
pmMile. 


Per Ton 
pec Mile. 


Per Ton 
p«Mifc. 


Per Ton 

p«rMUe. 


Per 
Ton. 


Ton. 


Per 
Ton. 


Per 
Ton. 


Par 
Ton. 




A. 


d. 
100 


d. 

0-86 


d. 
O-fiO 


d. 
0-40 




(. d. 


«. i. 


<r. 


4. 


k. 


B. 


1-40 


1-00 


0-80 


0-60 






- 


- 


- 


B. 


C 


180 


1-50 


1-20 


0-70 




3 


3 


1 




0. 


1. 


2-20 


1-86 


1-40 


1-00 




S 


fi 


1-10 


1-50 


1. 


2. 


2-es 


2-30 


1-80 


1-60 




8 


8 


2 




Z. 


3. 


MO 


2-95 


2-00 


1-80 




1 


1 


- 2 




s. 


4. 


3-60 


316 


2-60 


2-20 




I 4 


1 4 


3 




(. 


6. 


4-30 


3-70 


3-3fi 


3-60 




1 8 


1 8 


4 




s. 



296 



JPROyiSlONAL ORDERS — SPECIAL FROVISIONB. 



Short title. 



Commenoe* 
ment* 



Different 
Bo&ies* 



[do & 56 Vict. cap. li.] 

METROPOLITAN RAILWAY COMPANY. 

[Note. — The Proyisional Order applicable to the Metropolitan 
Bailway Company may be cited as ** The Railway Bates and Charges, 
No. 13 (Metropolitan Bailway, &c.) Order, 1892," and the Act con- 
firming it as '* The Bailway Bates and Charges, No. 13 (Metropolitan 
Bailway, &c.) Order Confirmation Act, 1892." 

Commencement of the Order 1st January, 1893, or such later date 
as the Board of Trade direct.] 

Companies to which the Metropolitan Railway Com- 
panyh Schedule applies^ being the Appendix to 
the Metropolitan Railway Company^ s Schedule. 

The Great Western Railway Company and the 
Metropolitan Railway, in respect of the Hammer- 
smith and City Joint Railway ; 

The Metropolitan Railway Company and the 
Metropolitan District Railway Company, or either 
of these companies as the case may be, in respect 
of the City Lines and Extensions Railways. 

MAXIMUM BATES AND CHABOES. 

Where the distance over which merchandise is 
conveyed consists in part of a line or lines of the 
company to which one scale, and in part of a line 
or lines to which another, or more than one other, 
scale of rates is applicable, the maximum charge 
for each such portion of the entire distance shall 
be calculated at the maximum rate which, accord- 
ing to the scale applicable to such portion, would 
be chargeable for the entire distance. 



METROPOLITAN RAILWAY. 297 

With regard to the following portions of the AUowanoee. 
railway : — 

The Metropolitan Inner Circle Railway from 
junction with the District Railway at Man- 
sion House Station to junction with the Dis- 
trict Railway at South Kensington, including 
junction with the Great Western Railway at 
Bishop's Road ; 
From Minories Junction with Inner Circle Line 
to Whitechapel Junction with East London 
Line, and junction with District Railway 
Company's Whitechapel Spur Line ; 
The North Curve Junction Line from the Inner 
Circle Line, near Aldgate Station, to the 
junction with the Extension Line at Aldgate 
East Station ; 
The junction line with Great Eastern Railway 

at Bishopsgate ; 
The Metropolitan Railway widened lines from 
Moorgate Street Station to junction with 
Great Northern and Midland Railways at 
King's Cross, and junctions with London, 
Chatheun, and Dover Railway at West Street 
and Snow HiU ; 
The junction line with St. John's Wood Line at 
BaJsier Street ; 
The company shall, with respect to all merchan- 
dise conveyed thereon for any distance greater 
than two miles, have power to charge for every 
mile or fraction of a mile as for three miles, and 
with respect to all merchandise conveyed thereon 
for any distance not exceeding two miles, the 
company shall have power to charge as for six 



298 PROVISIONAL ORDERS — SPECIAL PROVISIONS. 

miles, irrespective in either case of the place of 
origin or destination of the traffic. 

With regard to the following portions of the 
railway : — 

The railway from Baker Street Station to 
Ejuigsbury-Neasden Station, including the 
junction line with Midland Railway at 
Finchley Road ; 

The Hammersmith and City Railway ; 

The company shall with respect to all merchan- 
dise conveyed thereon for any distance greater 
than three miles have power to charge for every 
mile or fraction of a mile as for two miles, and 
with respect to all merchandise conveyed thereon 
for any distance not exceeding three miles the 
company shall have power to charge as for six 
miles, irrespective in either case of the place of 
origin or destination of the traffic. 

Provided always, that section 11 of this Schedule 
shall not apply to the portions of the railway 
hereinbefore mentioned. 

PABT I.— Goods and Minerals. 
Scale I. — Applicable to th^ following portions of the BaUway : — 

The Metropolitan Inner Circle Railway from 
junction with the District Railway at Mansion 
House Station to junction with the District Rail- 
way at South Kensington, including junction with 
the Great Western Railway at Bishop's Road. 

From Minories Junction with Inner Circle Line 
to Whitechapel Junction with East London Line, 



METROPOLITAN BAILWAY. 



299 



and junction with District Railway Company's 
Whitechapel Spur Line. 

The North Curve Junction Line from the Inner 
Circle Line, near Aldgate Station, to the junction 
with the Extension Line at Aldgate East Station. 

The junction line with Great Eastern Railway 
at Bishopsgate. 

The Metropolitan Railway widened lines from 
Moorgate Street Station to junction with Great 
Northern and Midland Railways at King's Cross, 
and junctions with London, Chatham, and Dover 
Railway at West Street and Snow HilL 

The junction line with St. John's Wood Line at 
Baker Street. 

The railway from Baker Street Station to 
Kingsbury-Neasden Station, including the junc- 
tion line with Midland Railway at Finchley Road. 

The Hammersmith and City Railway. 

Scale I. 



hi 

9i 






A. 
B. 
0. 

1. 
2. 
3. 
4. 
5. 



Mazihum Batss roE 

COVTSTAJICB. 



"Fot CbDngnznontei 

ezoept AB oHierwiM 

proyided in the 

Schedole. 



Per Ton per lOle. 



•90 
00 
■20 
-60 
'16 
310 
8-76 
4-30 



1' 
2- 
2" 
2- 
2- 



Btation 

Tenniiud 

•teadi 

End. 



Per Ton. 
a. d, 
3 




1 
1 
1 
1 
1 
1 



6 

6 
6 
6 
6 
6 



ICAZUfUM TsBIIISALi. 



Benrioe Taniiiiials. 



Loadlzig. 



Per Ton. 
a, d. 







1 
1 
1 



3 
5 
8 


4 
8 



Unload- 
ing. 



Per Ton. 
«. d. 






1 
1 
1 



3 
6 
8 

4 
6 



Cowtriog. 



Per Ton. 
d. 



1 

1-60 

2 

2 

3 

4 



UnooTW" 
ing. 



Per Ton. 
d. 



1 

1-60 

2 

2 

3 

4 



A. 

B. 

0. 

1. 

2. 

3. 

4. 

6. 



300 



PROVISIONAL ORDERS— SPECIAL PROVISIONS. 



Metropolitan 'RaSlwBj—continu&d. 

Scale IL — Applicable to all portions of the Railway not herein specially 

mentioned. 



A. 

B. 

0. 

I. 

2. 

3. 

4. 

5. 



MAXUffux Ratss fob ComrsTAMCS. 



For ConsignTnentB, except as otherwise 
provided in the Schedule. 



For the 

first 

SO Miles, 

or any 

part 

of such 

Distance. 



Per Ton 
per Mile. 

d, 
1*16 

1-40 

1-80 

2-20 

2-66 

3*10 

3-60 

4-30 



For the 

next 

80 Miles, 

or any 

part 

of such 

Distance. 


For the 

next 

50 Miles, 

or any 

part 

of such* 

Distance. 


Per Ton 
per Mile. 


Per Ton 
per Mile. 


d. 
0-90 


d. 
0-46 


1-06 


0-80 


1-60 


1-20 


1-86 


1-40 


2-30 


1-80 


2*65 


2-00 


3-16 


2-60 


8-70 


3-26 



For the 
remainder 

of the 
Distance. 



Per Ton 
per MOe. 

d, 
0-40 

0-66 

0-70 

100 

1-60 

1-80 

2-20 

2-60 



MAxmuM Tbxmikals. 



Station 
Termi- 
nal at 
each 
End* 



Per 
Ton. 

8, d. 
3 

6 

1 
1 6 
1 6 
1 6 
1 6 
1 6 



Service Terminals. 



Per 
Ton. 

«. d. 



8 

6 

8 

1 
1 4 
I 8 



I 



Per 
Ton. 

«. d. 



3 
6 
8 



1 



1 4 



1 8 



Per 
Ton. 

d. 



1-50 



8 



i3 



Per 
Ton. 

d. 



1 
1-60 



2 



B. 
0. 

I. 
2. 
8. 



MIDLAND RAILWAY. 301 



[54 & 55 Vict. cap. oczix.] 

MIDLAND RAILWAY COMPANY. 

[Note. — ^The Froyiaional Order applicable to the Midland Bail- Short title, 
way Company may be cited as *' The Midland Railway Company 
(Bates and Charges) Order, 1891," and the Act confirming it as 
** The Midland Bailway Company (Bates and Charges) Order Con- 
firmation Act, 1891." 

Commencement of Order 1st August, 1892, or such later date as Commenoe* 
Board of Trade direct. Now postponed to 1st January, 1893.] »^a^t. 

Companies to which the Midland Schedule of Bates 
appliesj being the Appendix to the Midland 
Schedule. 

The Great Northern Railway Company in 
respect of the following joint railways, viz. : — 

Bourn and Lynn Railway and Spalding 

Junctions, 
Peterborough, Wisbech, and Sutton Bridge 

Railway, 

Newark Curve, 

Railway from Little Bytham to Bourn. 

The North Eastern Railway Company in respect 
of the Otley and Ilkley and the Swinton and 
Klnottingley Joint Railways. 

The London and North Western Railway Com- 
pany in respect of the Ashby and Nuneaton Joint 
Railways. 



302 PROVISIONAL ORDERS — SPECIAL PROVISIONS. 

The Great Western Railway Company in respect 
of the Bristol Port JRaUway and the Halesowen 
Railway. 

The Halesowen Railway Company in respect 
of the Halesowen Railway. 

The Fumess Railway Company in respect of 
the Fnmess and Midland Joint Railways. 

The Kettering, Thrapstone, and Huntingdon 
Railway Company in respect of the Kettering, 
Thrapstone, and Huntingdon Railway. 

The Bamoldswick Railway Company in respect 
of the Bamoldswick Railway. 

The Cfimnock Chase and Wolverhampton Rail- 
way Company in respect of the Cannock Chase 
and Wolverhampton Railway. 

The Sutton Bridge Dock Company in respect 
of the railways forming part of the undertaking. 



MIBLAND RAILWAY. 



303 



MAXIMUM BATES AND CHABGES. 
PABT I.— OooDS AVD Mnrs&ALS. 

Rates and Terminals in respect of Merchandise comprised 
in Classes A., B., C, I9 2> 3, 4, and 5. 



.a c 



A. 
B. 
O. 

1. 
2. 
3. 
4. 
6. 



Batb fob Covtstajicb. 



Forthefixst 
aoHileB, 

or any part 
of soeh 

Diatance. 



Per Ton 

per Mile. 

d. 

M6 

1-26 

1-80 

2-20 

2-65 

8-10 

3-60 

4-30 



For the next 
SOMilea, 

or any part 

of audi 

Diatanoe. 



Per Ton 

per Mile. 

d. 

0*90 

100 

1-50 

1-85 

2-30 

2-66 

3*16 

3*70 



For the next 
SOMikia, 

or any part 

of such 

Dutanoe. 



Per Ton 

per Mile. 

d. 

0-45 

0-80 

1-20 

1-40 

1-80 

200 

2-60 

8-25 



For the 
remainder 

of the 
Diatanoe. 



Per Ton 

per Mile. 

d. 

0-40 

0*50 

0-70 

100 

1*60 

1*80 

2-20 

2-ffO 



Per 
Ton. 
a, d, 

3 

6 

1 
1 6 
1 6 
1 6 
1 6 
1 6 



Bebticb TBBimrALa. 



I 



Per 
Ton. 
a, d. 



3 



6 

8 

1 



1 4 



1 8 



Per 
Ton. 
a. d. 



8 



Per 

Ton. 
d. 



Per 

Ton. 

d. 



3 

5 

8 

1 
1 4 
1 8 



1*60 
2 
2 
3 



1-50 

2 

2 



B. 



1. 
2. 
3. 
4. 
5. 



Provided that, in respect of the imder-mentioned 
railway, the power of the company to charge for 
a distance of less than six miles shall have effect 
as if the number of miles mentioned hereimder 
were substituted for six miles (/): — 

Swansea Vale Railway, from Swansea to Bryn- 
amman, three miles. 



(/) ThiB does not seem to affect the power of the Midland Bail way 
Company to charge as for four and a-half milea, where the carriage 
takes place between station and priTate siding, or vice verad. 



304 



PROVISIONAL ORDERS— SPECIAL PROVISIONS. 



155 & 56 Vict. cap. lii.] 

MIDLAND AND SOUTH WESTERN JUNG- 
TION RAILWAY COMPANY. 



Short title. 



CknmneiiCG* 
ment. 



[Note. — ^The Provisional Order applicable to the Midland and 
South Western Junction Bailway Company and the Companies 
next mentioned may be cited as ** The Bailway Bates and Charges, 
No. 14 (Midland and South Western Junction Bailway, &c.) Order, 
1892/' and the Act confirming it as *<The Bailway Bates and 
Charges, No. 14 (Midland and South Western Junction Bailway, 
&c.) Order Confirmation Act, 1892." 

Commencement of the Order 1st January, 1893, or such later 
date as the Board of Trade direct.] 



MAXIMUM BATES AND CHABGES 

APPLICABLE TO THE 

Midland and South Western Junction Eailway 
Company, 

Golden Valley Railway Company, 

Liskeard and Caradon Railway Company, 

Liskeard and Looe Union Canal Company, 

Manchester and Milford Railway Company, 

Neath and Brecon Railway Company, 

Redruth and Chasewater Railway Company, 

Snailbeach District Railway Company, 

Tal-y-Uyn Railway Company, 

and the 

Wirral Railway Company, 



MIDLAND AND SOUTH WESTERN JUNCTION RAILWAY. 



305 



PAET I.— Goods and Minerals. 

Scale I. — Applicable to the LUkeard and Caradon Bailvoay Company ^ and the 

Liekeard and Looe Union Canal Company, 

In respect of Merchandise comprised in Class A. 



MftTimmn TiMfM tar HnrnvAyAnAA. 


MftTiimiin Station Tenninal at each end. 


Per Ton per Mile. 
3d. 


Per Ton, 



Scale II. — Applicable with the above exception. 



§i 

5 o 

6 
g 



I'd 



.9 . 






A. 
B. 
C. 

1. 
2. 
3. 
4. 
6. 



Haximuii Bates for Convbyakcb. 



Far CoDsignmentfl, exoept as otherwiae 
inrovided in the Schedule. 



For the first 
20 Miles, 

or any part 

of such 
Distance. 


For the next 
dOMUes, 

or any part 

of such 

Distance. 


Per Ton 

per Mile. 


Per Ton 
per Mile. 


d. 
1-60 


d. 
0-90 


1-60 


1-20 


1-80 


1-50 


2-20 


1-86 


2*65 


2-30 


3-10 


2-65 


3-60 


316 


4*30 


3-70 



Forthenext 
60l£ile8, 

or any part 

of such 

Distance. 



Per Ton 
per MUe. 

d. 
0*40 

0-80 

1-20 

1-40 

1*80 

200 

2-60 

3-26 



For the 
remainder 

of the 
Distance. 



a 

I 



Per Ton 
per Mile. 

d. 
0-36 

0-60 

0-70 

100 

1-60 

1-80 

2-20 

2-60 



I 



Per 

Ton. 

«. d, 

3 

6 

1 
1 6 
1 6 
1 6 
1 6 
1 6 



Maximum TKaxiVALS. 



Service Terminals. 



Per 
Ton. 

«. d. 



3 



•a 



Per 
Ton. 

«. d. 



3 



6 6 



8 



1 



1 4 

1 8 



8 



1 
1 4 



1 8 



6 



Per 
Ton. 



1-60 



Per 
Ton. 

d. 



B. 

0. 



1-60 1. 



2 



3 



2. 



6. 



Provided that in respect of the Neath and Brecon Rail- 
way, the power of the company to charge for a distance 
less tlian six miles shall have effect as if four miles were 
substituted for six. 



D. 



306 



PROVISIONAL ORDKRS — SPECIAL PROVISIONS. 



Short title. 



Gommenoe- 
me&t. 



DifPeront 
scales. 



[55 & 56 Vict. cap. liii.] 

NORTH EASTERN RAILWAY COMPANY(a). 

[Note.— The Provisional Order applicable to the North Eastern 
Eailway Company and the Companies next mentioned may be cited 
as ** The Bailway Bates and Charges, No. 15 (North Eastern Rail- 
way, &c.) Order, 1892," and the Act confirming it as ** The Eailway 
Bates and Charges, No. 15 (North Eastern Eailway, &c.) Order 
Confirmation Act, 1892." 

Commencement of the Order 1st January, 1893, or such later 
date as the Board of Trade direct.] 

MAXIMUM BATES AND CHABGES 

APPLICABLE TO THE 

North Eastern Railway Company, 

Forcett Railway Company, 

Great North of England, Clarence and Hartle- 
pool Junction Railway Company, 

Scarborough, Bridlington, and West Riding 
Junction Railway Company, 

Scarborough and Whitby Railway Company, 

and the 

Marquis of Londonderry in respect of the Lon- 
donderry (Seaham to Sunderland) Railway. 



Where the distance over which merchandise is 
conveyed consists in part of a line or lines of the 



(a) The Qeneral Conditionfi applicahle to the Korth Eastern Bailway are 
similar not to the English bat to the Sootch Bailways, and these will be 
found, post, p. 336. The maximum rates for animals, however, are the 
same as the English companies, see p. 208. 



NORTH EASTERN RAILWAY. 307 

company to which one scale, and in part of a line 
or lines to which another or more than one other 
scale, of rates is applicable, the maximum charge 
for each such portion of the entire distance shall 
be calculated at the maximum rate which, accord- 
ing to the scale applicable to such portion, would 
be chargeable for the entire distance. 

1 . In respect of the railways in Middlesbrough ^^^" 
in the county of York, formerly known as the Owners' 
Middlesbrough Owners' Railways, and referred 
to in section 18 of the North Eastern Railway 
Act, 1884, the North Eastern Railway Company 
shall, in substitution for the rates and charges 
authorised by this schedule, only be authorised to 
demand and receive amounts not exceeding the 
rates and charges which they are authorised to 
charge under the proyisions of the said last- 
mentioned Act. 

Sect. 18 of the North Eastern Bailway Act, 1884, empowers the 
company to acquire the Middlesbrough Owners' Bailways, and 
proceeds — " The company may demand, receive, and take for or in 
respect of the said railways, when acquired by them, and for or in 
respect of all services rendered upon or in connexion therewith, 
such reasonable tolls, rates, and charges, as they may from time to 
time appoint, not exceeding the tolls, rates, and charges levied or 
charged for the use of the said railways, or for any such services 
respectively by the owners of the said railways at the time of the 
acquisition thereof by the company. 

** Notwithstanding anything in this Act contained, all corpora- 
tions, companies, or persons, now entitled to any rights of user or 
other rights or privileges on, over, or in respect of the said railways, 
shall continue to be entitled to the same rights and privileges to the 
same extent and subject to the same terms and conditions, and for 
the same periods as they respectively would have been entitled 
thereto if this Act had not been passed." 

The section contains other provisions not affecting the carriage 
of goods. 

x2 



808 PROVISIONAL ORDERS — ^SPECIAL PROVISIONS. 

cie^i^^'^ 2. Notwithstanding anything in this Order 
Beotion. Contained, the North Eastern Railway Company 

shall not be entitled to demand or receive for the 
conveyance of ironstone on the Cleveland section 
of the railway any rates exceeding the following, 
namely: — For any distance not exceeding four 
miles, 6d. per ton, and for distances upwards of 
four miles, l^d. per ton per mile. Provided that 
the said expression, ^^ Cleveland section of the 
railway" means and includes the following por- 
tions of the railway, namely : — 

(1) Hutton Junction to Whitby. 

(2) Saltbum to Priestcroft Junction. 

(3) Hutton Junction to the Normanby Jetty, 

on the River Tees. 

Saving. 3. Nothing in this Order contained shall repeal 

or affect section 38 of the Cleveland Railway Act, 
1858, or section 20 of the Stockton and Darlington 
Railway Act, 1859, or section 20 of the North 
Eastern Railway Company's (Additional Powers) 
Act, 1882. 

These sections, so far as material, are as follows : — 

Cleveland Bailway Act, 1858 (21 & 22 Vict. cap. cziv.). 

Sect. 38. — **FroYided always, that for all passengers, minerals, 
and other articles or traffic respectively conyeyed on the railway 
first described " (t.e. from Cook's Ground, GKdsbroiigh to the Hall, 
Skinningroye) ** between the terminus of that railway in the i>arish 
of Lofthonse, or any part of the said railway within one mile of 
such terminus and the junction with the Middlesbrough and Ghiis- 
brough Bailway, the company shall demand the tolls and charges 
by this Act prescribed as for eight miles and a half only ; and with 
respect to all such minerals, passengers, and other articles or traffic, 



NORTH EASTERN RAILWAY. 309 

conyeyed on the railway, and also on any collateral branch railway 
from liyerton to a junction with the railway at or near to Skin- 
ningroTe, those tolls and charges shall include all charges by the 
company for the working of that junction, and for all services per- 
formed by them with respect to all such passengers, minerals, and 
other articles respectiyely conyeyed on that collateral branch 
railway." 

Stockton aitd Dablxngton Railway Act, 1859 (22 & 23 Vict. 

cap. cxxyii.). 

Sect. 20. — '*With respect to all ironstone or iron ore passing 
along the Guisbrough branch of the company's railway or any part 
thereof which shall be conyeyed on the said branch, or the com- 
pany's railway, for shipment at Middlesbrough in any craft or 
vessel on the Biver Tees, or in the company's dock, the company 
shall not demand or receive for the same a toll exceeding one penny 
farthing per ton for each mile travelled, and the toll to be so 
received shall include the charges of the company for carriages and 
looomotive power, and the toll to be demanded for shipment of the 
ironstone or iron ore shall not exceed twopence half -penny per 
ton." 

North Eastern Railway Company's Additional Powers Act, 

1882 (45 Vict. cap. 1.). 

Sect. 20 empowers the company to abandon and sell *' That por- 
tion of their Cleveland Railway in the townships of Normanby, 
Upsall, and Guisbrough, and parishes of Eston, Ormsby, and Guis- 
brough, in the North Riding of the county of York, which lies 
between a point about 350 yards south of Messieurs Boll Brothers, 
Limited, Normanby Mines Spouts, and a point about 140 yards 
east of the bridge carrying the Cleveland Railway over the com- 
pany's Middlesbrough and Guisbrough Railway, except so much of 
the said portion as extends for a distance of about 100 yards in a 
westerly direction and for a distance of about 150 yards in an 
easterly direction from the junction therewith of the Chaloner 
Branch." And proceeds — 

** After such abandonment the company shall not be entitled to 
demand or charge in respect of any articles, matters, or things, 
carried by them to or from any works <}r mines situated on, or 
which might have been connected with the said portion of the 
Cleveland Railway if the same had not been abandoned, or any 
portion of that railway eastward thereof, tolls, rates, or charges, as 



310 PROVISIONAL ORDERS — SPECIAL PROVISIONS. 

for a greater distance than tlie distance for whicli they would have 
been entitled to demand or charge tolls, rates, or charges, in case 
such articles, matters, or things had been carried oyer the aban- 
doned portion of the railway. 

^ork Cattle 4, YoT the Conveyance of merchandise on the 
Branch. Railway No. 1, authorised by the North Eastern 
Railway Company's (New Lines) Act, 1874(a), 
and known as the York Cattle Market Branch, the 
North Eastern Railway Company may, in addition 
to the rates and charges authorised by this sche- 
dule, demand and receive the special or additional 
rates and charges which they are authorised to 
charge under the provisions of the said last-men- 
tioned Act. 

These additional rates and charges are as follows : — 0. d. 

For live stock traffic of all descriptions, per waggon - 1 6 

For coal, coke, lime, and materials for the repair of 
public roads, per ton or any fractional part of a ton - 4 

For traffic of every description, per ton or any fractional 
part of a ton - - - - - - - -09 

Special rate. 6. For the Conveyance of merchandise conveyed 
over any of the following short branch railways, 
namely: — The Newcastle Quayside Branch, the 
Spital Dock (Tweedmouth) Branch, and the Tad- 
caster (Ingleby's Mill) Branch, the North Eastern 
Railway Company may demand and receive in 
substitution for the rates authorised by this sche- 
dule the simi of 6d. per ton. 

Provided that if the company make the charges 
authorised by section 10 of this schedule in respect 

{a) 37 & 38 Vict. cap. cy. sect. 20. 



KORTH EASTERN RAILWAY. 311 

of tra£Sc arising or terminating on the Newcastle 
Quayside Branch Railway, they shall not demand 
and receive the sum of 6d. per ton or any part of 
such sum authorised by this Order for the con- 
veyance of merchandise conveyed over the said 
branch, but the said branch shall for the purpose 
of reckoning such short distance be considered as 
part of the railway, and the rates for conveyance 
prescribed by Part I., Scale I. shall apply thereto. 

9ect. 10 of the North Eastern schedule (see poet, p. 359) is the 
section authorizing a charge as for 6 miles, 4^, or 3 miles, as the 
case may be, on short distance traffic. It corresponds with sect. 11 
of the other English schedules. 

6. In calculating the distances over which any Allowances, 
merchandise is conveyed and for all purposes of 
rates and charges :— 

The High Level Bridge over the Eiver Tyne 
at Newcastle-on-Tyne is to be calculated 
as ----- - Similes. 

The bridge over the River Tyne at Scots- 
wood 3 miles. 

The Shildon Tunnel as - - 1^ mile. 

And in the case of any inclined plane not 
worked by an ordinary locomotive engine— 
A distance equal to the length of such in- 
clined plane shall be added to it. 



312 



PROVISIONAL ORDERS — SPECIAL PROVISIONS. 



PAET I.— Goods and Minerals. 



(a) Rates and Terminals in respect of Merchandise com- 

prised in Classes A., B., and C. 



Scale I. — Applicable except as otherwiBe herein provided. 



I 



I 



8S 



Maxiicuu Ratbb Foa Cohtktancb. 



For Oonsigxunents, except as ofiherwiae 
provided in the Schedule. 



A. 
B. 
0. 



For the 

first 

10 Miles, 

or any jMurt 

of such 

Distanoe. 



Per Ton 
per Mile. 

d, 
1-76 

1-90 

200 



For the 

next 

10 Miles, 

or any part 

of such 

Distance. 



Per Ton 
per Mile. 

d. 
1-26 

1-26 

1-76 



For tiie 

next 

16 Miles, 

or any part 

of such 

Distance. 



Per Ton 
per Mile. 

d, 
0-76 

1-00 

1-60 



For the 
remainder 

of the 
Distanoe. 



Maxikum Tkrhikals. 



Per Ton 
per Mile. 

d. 
0-60 



at 



H 
'■§1 

QQ 



Per 
Ton. 

9, d. 

8 



0-76 6 
1-26 ' 1 



Service TacminalB. 



Per 
Ton. 

«. d. 



S 



I 



Per 
Ton. 

«. d. 



3 



Ton. 
d. 



I 



Per Per 



Ton. 
d. 



A. 
B. 

0. 



Scale II. — Applicable in respect of Coal for Shipment conveyed on 
any part of the North Eastern Bailway other than the Blyth 
and Tyne Section, 



Kaximux Ratkb VOB CoirVXTAKOB. 
For ConaignxnentB, except as otherwise provided in tiie Scbednle. 



For the first 6 Miles, or any 
part of snch Distanoe. 


For the next 8 Miles, or any 
part of such Distance. 


For the remainder of 
the Distance. 


Per Ton per Mile. 

d. 

1-60 


Per Ton per Mile. 

d, 

100 


Per Ton per Mile. 

d. 

0-76 



NORTH EASTERN RAILWAY. 



313 



Scale m. — Applicable in reaped of Coal for Shipment conveyed on 
the Blyth and Tyne Section of the North Eastern Railway, 

HAXiMm Ratbs fob Coxtstaxcb. 
For Ooikrigiiinente, except as othenrjae jwoyided in the Schedule. 



Eor the flnt 4 Hiles, or any part of 
■uoh Distance. 




Per Ton. 

d. 
400 


Per Ton per Mile. 

d, 
100 



The term " the Blyth and Tyne Section " of the BiyA and 
Railway as used in this part of this Schedule 
includes the portion of the North Eastern Rail- 
way situated east of the portions of the main line 
between Heaton Junction and Longhirst Station 
(except the railways from Heaton Junction to 
Monkseaton, via Percy Main and Tynemouth), and 
also includes the portion of the North Eastern Rail- 
way from Newcastle (New Bridge Street Station) 
to Backworth Station. 



(b) Rates and Terminals in respect of Merchandise com- 
prised in Classes 1, 2, 3, 4, and 5. 



1. 

2. 
3. 
4. 
6. 



liAXimni Ratbs fob CoiiTBYAircB. 



For ConeiflrnmeDtB. except as otherwise 
provided in ttie Schedule. 



For the flnt 
ao Milee, 

or any part 

of such 

Distance. 



Per Ton 
per Mile, 
rf. 
2-20 
2-66 
310 
3-60 
4-30 



For the next For the next 



aOHUee, 
or any part 

of such 
Distance. 



Per Ton 

per Mile. 

d. 

1-85 

2-30 

2-65 

315 

3-70 



60 Miles, 
or any part 

of such 
Distance. 



Per Ton 

per Mile. 

d. 



1 
1 
2 
2 
3 



40 
80 
00 
50 
25 



For the 
remainder 

of the 
Distance. 



Per Ton 

perMUe. 
d. 
100 
1-50 
1-80 
2-20 
2-50 



Per 

Ton. 
». d. 



1 
1 



6 
6 



1 6 
1 6 
1 6 



Haximdv Tbbmixals. 



Service Terminals. 



60 



Per 

Ton. 
». d. 
5 

8 

1 
1 4 
1 8 



•a 



Per 
Ton. 
9. d. 

5 




1 
1 
1 



8 


4 
8 



I 



Per 

Ton. 

d, 

1-50 
2 
2 
3 
4 



I 



Per 

Ton. 

d. 

1-50 
2 
2 
3 
4 



1. 
2. 
3. 
4. 
6. 



814 



PROVISIONAL ORDERS — SPECIAL PROVISIONS, 



[55 & 56 Vict. cap. Kv.] 

NORTH LONDON RAILWAY. 



Short title. 



Commenoe* 
ment. 



[Note. — The Provisional Order applicable to the North London 
Bail way Company may be cited as * ' The Bail way Bates and Charges, 
No. 16 (North London Eailway) Order, 1892," and the Act confirm- 
ing it as " The Bail way Bates and Charges, No. 16 (North London 
Bailway) Order Confirmation Act, 1892." 

Commencement of the Order Ist January, 1893, or such later 
date as the Board of Trade direct.] 



MAXIMUM BATES AND OHABGES 

APPLICABLE TO THE 

North London Railway Company. 



PABT I. — Goods and Muteeals. 



U 

S3' 






A. 

B. 

0. 

1. 

2. 

3. 

4. 

6. 



Maximum 

Batbb fob 

ooxybyaiiob. 



ForCoDsign- 

ments, 

except as otheiv 

^nrise provided 

in the 

Schedule. 



Per Ton 
per Mile. 

1-90 
2-20 
2-40 
2-70 
300 
8-25 
3-76 
4-30 



Station 
Tennioal 

at 
each End. 



Per Ton. 

«. d. 

3 

6 

1 
1 6 
1 6 
1 6 
1 6 
1 6 



Maximum TsBMrvALs. 



I/Mtding. 



Per Ton. 



«. d. 



3 

6 

8 

1 
1 4 
1 8 



Service Terminals. 



Un- 
loading. 



Per Ton. 
8. d. 



3 

6 

8 

1 
1 4 
1 8 



CoTering. 



Per Ton. 



1 

1-60 

2 

2 

3 

4 



Un- 
oovetiDg. 



Per Ton. 



d. 



1 

1-60 

2 

2 

8 

4 



A. 

B. 

C. 

1. 

2. 

3. 

4. 

6. 



KOKTH STAFFORDSHIRE RAILWAY. 316 

[55 & 56 Vict. cap. Iv.] 

NORTH STAFFORDSHIRE RAILWAY 

COMPANY. 

[Note.— The Proviaional Ordor applicable to the North Stafford- Short title, 
shire Bail way Company may be cited as ** The Ilailway Rates and 
Charges, No. 17 (North Staffordshire Eailway, &c.) Order, 1892," and 
the Act confirming it as '* The Railway Rates and Charges, No. 17 
(North Staffordshire Railway, &c.) Order Confirmation Act, 1892." 

Commencement of this Order Ist January, 1893, or such later Gommenoe- 
date as the Board of Trade direct.] meat. 

Companies to which the North Staffordshire Railway 
Company^ s Schedule applies^ being the Appendix 
to the North Staffordshire Railway Company^ s 
Schedule. 

Longton, Adderley Green, and Bucknall Rail- 
way. 

Cheadle Railway. 

Silverdale and Newcastle Railway. 

Mr. Sneyd's Railway. 

MAXIMUM BATES AND CHARGES. 

Provided alwa3^s, that nothing in this Order 
contained shall repeal or vary the provisions of 
the twenty-eighth section of the North Stafford- 
shire Railway Act, 1879. 

Sect. 28 of the North Staffordshire Railway Act, 1879 (42 & 43 
Vict. cap. OCT.) provides — ** With respect to traffic of all descrip- 
tions to or from the collieries or works of the Now North Stafford- 
shire Coal and Iron Company, Limited, all tolls, rates, and charges, 
whether for local traffic or for through traffic passing over the 
railways of the company and over the railways of any other com- 
pany shall be chargeable, and in the case of through traffic shall 
be divisible, as between the companies entitled thereto, as if Mr. 
Bneyd's railway from the point of junction with the New North 
Staffordshire Coal and Iron Company's private line to the junction 
with the company's main line at Chatterley were four miles in 
length." 



316 



PROVISIONAL ORDERS— SPECIAL PROVISIONS. 



PAET I. — Goods and Minerals. 



II 
1 



» 
"S 



11 

as 
ll 

n 



A. 
B. 
C. 



Maxixum Ratbs fob Coktbtakcb. 



For ConsifmmentB, except as otherwise 
provided in the Schedule. 



For the 

first 

10 Miles, 

or any part 

of such 

Distance. 


For the 

next 

lOMUes, 

or any part 

of such 

Distance. 


For the 

next 

10 Miles, 

or any part 

of such 
Distance. 


Per Ton 


Per Ton 


Per Ton 


per Mile. 


per Mile. 


per Mile. 


d. 


d. 


d. 


1-76 


1-25 


0-76 


2-00 


1-60 


1-10 


210 


1-76 


1-50 



For the 
remainder 

of the 
Distance. 



Maxxxuk Tbbmhtals. 



^ 






Per Ton 
per Mile. 

d. 
0-50 

0-76 

1-26 



Per 
Ton. 

«. d. 

3 

6 

1 



Service Tenninals. 



Per 
Ton. 

t. d. 



3 



I 



Per 
Ton. 

«. d. 



Per 
Ton. 

d. 



8 



Per 
Tod. 

d. 



A. 
B. 
0. 



Siding to Provided that notwithstanding anything con- 

" ^ °* tained in this schedule and in the North Stafford- 
shire Railway Act, 1847, the company shall not 
make for the conveyance over any part of the 
railway of merchandise in Classes A. and B. in 
owners' trucks from owners' siding to owners' 
siding, when the merchandise is tendered to the 
company in consignments of not less than fifty 
tons at one and the same time, and from one 
consignor to one consignee, a higher charge than 
one penny farthing per ton per mile, with a 
minimum charge of ninepence per ton : 

Provided also, that if the gross rate per ton 
involves a fraction of a penny the fraction, if less 
than one halfpenny, shall not be charged, and, if 
one halfpenny or more, shall be charged as a 
penny : 



Fraction of a 
penny. 



NORTH STAFFORDSHIRE RAILWAY. 



317 



Provided also, that this clause shall apply only where 
both sidings are on or adjoin the railway. 

PABT I. — Goods and Minerals — continued. 



"I 



>4 



8B 



Haximcv Ratss vob Ck>inrBTAX0i. 



Haximum Tkbmihals. 



For GonrignmenU, rzoept m otharwiae 
provided in the Schedule. 



1. 



2. 
8. 
4. 
6. 



For the 

flnt 

aoMUee, 

or any part 

of anch 

Distance. 



Per Ton 

per Mile. 

d. 
2-20 

2-65 

310 

8-60 

4-30 



For the 

Df>Xt 

SO Miles, 
or any part 

of such 
Difltanoe. 



Pep Ton 
per Mile. 

d. 
1-85 

2-30 

2-66 

3-16 

8-70 



For the 

npxt 

60 Miles, 

or any part 

of such 

Distance. 



Per Ton 
per Mile. 

d, 
1-40 

1-80 

2-00 

2-60 

3-25 



For the ^J 

remaindt-r g ^ 

of the O"?? 

Distance. « 

i I 



Per Ton Per 
per Mile. Ton. 



d, 
100 

1-60 

1-80 

2-20 



«. d. 

1 6 

1 6 

1 6 

1 6 



2-50 1 6 



Serrice Tenninals. 



Per 

Ton. 

s. d. 
6 

8 

1 
1 4 
1 8 



-a 



Per 
Ton. 

s. d. 
6 

8 

1 
1 4 
1 8 



Per 
Ton. 

d. 
1-60 



2 



8 



Per 
Ton. 

d. 
1-60 



3 



318 PROVISIONAL OKDEKS — SPECIAL PROVISIONB. 



[54 & 55 Vict. cap. ccxx.] 

SOUTH EASTERN RAILWAY. 

Short title. [NoTE. — ^The Provisional Order applicable to the South Eastern 

Bailway Compfimy may be cited as *' The South Eastern Bailway 
CompfiUtty (Eates and Charges) Order, 1891,** and the Act confirming 
it as *' The South Eastern Eailway Company (Eates and Charges) 
Order Confirmation Act, 1891.** 
Commence- Commencement of Order 1st of August, 1892, or sucb later date 

ment. j^g the Board of Trade direct. Now postponed to Ist January, 1893.] 

Companies to which the South Eastern Railway rates 
apply y being the Appendix to the South Eastern 
Railway Company^ Schedule. 

The London and Greenwich Railway Com- 
pany, in respect of the London and Greenwich 
Railway. 

The Angerstein's Branch Railway Company, 
in respect of the Angerstein's Branch Railway. 

The Elham Valley Railway Company, in re- 
spect of the Elham Valley Railway. 

The Lydd Railway Company, in respect of the 
Lydd Railway. 

The Lydd Railway Company, in respect of the 
Lydd Railway Extension. 

The London, Brighton, and South Coast Rail- 
way Company, in respect of the railway from 
a junction with the Greenwich Railway to 
Coulsdon. 

The London, Brighton, and South Coast Rail- 



SOUTH EASTERN RAILWAY. 819 

way Company, in respect of the Woodside and • 
Croydon Joint Railway. 

The London, Chatham, and Dover Railway 
Company, in respect of the Dover and Deal Joint 
Railway. 

The London and South Western Railway Com- 
pany, in respect of the portion of the London and 
South Western Railway from the junction near 
Shalf ord to Ash. 

The London and South Western Railway Com- 
pany, in respect of the portion of the London and 
South Western Railway from the junction near 
Ash to Aldershot Town Station. 

The London, Chatham, and Dover Railway 
Company, in respect of the portion of the London, 
Chatham, and Dover Railway between Buckland 
Junction and Dover. 

MAXIMUM BATES AND CHAEGES. 

Where the distance over which merchandise is Different 
conveyed consists in part of a line or lines of the 
company to which one scale, and in part of a line or 
lines to which another or more than one other scale, 
of rates is applicable, the maximum charge for each 
portion of the entire distance shall be calculated 
at the maximmn rate which, according to the scale 
applicable to such portion, would be chargeable 
for the entire distance. 



PROVISIONAL ORDERS — SPECIAL PROVISIONS. 

PAET I,— Goods aj(d Minebam. 

(a) Rates and Terminals in respect of Merchandise 

comprised in Classes A., B., and C. 

t not herHnafUr tpeeialli/ 



i 

1 


lUlIiniM E.TM TO. COST.T.1IM. 


Miiimni TUMiiAU. 


' E'diBS^Bdiile. 




SerrtoeTenulDaliL 












Fortha 
*)Mil«, 


For the 




DubuiM. 


End. 


ing.' 


iw"- 


i^ 






A. 


Per Ton 
per Mile. 

150 


Per Ton 

perMilB. 

0-95 


Per Ton 
per Mile. 

075 


Per Ton 
perMUe. 

0-ao 


Per 
Ton. 
*. d. 
3 


Per 

Ton. 


Per 
Ton. 
«. rf. 


Par 
Ton. 
d. 


Pet 

Ton. 
d. 


A. 


B. 


1-60 


1-10 


0-S( 


0-70 


6 


- 


- 


- 


- 


B. 


0. 


ISO 


l-SO 


1-20 


0-70 


1 


3 


3 


I 


1 


C. 



Scale II.—Applieabk to the port 


onso/ 


the Railwayi 


herein 


Ipeci 


«,VtJ 


itnd'o 


ed. 




Miximm 

KxTIt TO> 


.u_.,.„..„. 


1 


ForConiJffi,- 

prgvided^ 
ttsBohednle. 


p 


BerrloeTermfiiala. 






1 


J 


1 J 




A. 

■ B. 

0. 


Per Ton 
per Mile. 

d. 

1-eo 

2-00 
2-20 


Per 

Ton. 

1. d. 
3 

6 

1 


Per 
Ton. 

i. 

3 


Per 
Ton. 

d. 

3 




North Kent Junction to Duiford . . 

Lewkham to Dartford 

Levuham to ChislehuTBt 

Grove Park to Bromlej 

Korth Kent Junction to Charlton, 

TiaOreenwioh 

CharinrCrow, Blankfrinrs Junction. 

and CHDDon Street to North Kent 

CanterbntyandWhitatabie Eailway 


Ton. 
d. 

1 


Ton. 
d. 

1 



' [■ plued here u it » apptui In tb« Ai 



It 1>, hnnTa, an obiiooa 



80I7TH BAflTBRN RAILWAY. 



321 



(b) Rates and Terminals in respect of Classes 1, 2, 3, 4, and 5. 



§'8 

I 

^9 



1. 

2. 
3. 
4. 
6. 



Maximttv Batss fob CosrrsTAXci. 



For Owwignmnntot ezoepi as othenrite 
prorided in the Siohednle. 



Fbrthe 

flxst 

90 Miles, 

or any 

part of 

raeh 
IHitanoe. 



Per Ton 

per Mile. 

d, 

2-25 
2-76 
8*10 
3-76 
4-30 



For the 

next 
SOMUea, 


For the 

next 
fiOMUes, 


or any 

part of 

such 

Distance. 

Per Ton 


or any 

partof 

sneh 

Distance. 


Per Ton 


per Mile. 
d. 


per Mile. 
d. 


1-90 


1-65 


2-35 


206 


2-80 


2*60 


3*36 


815 


8-90 


3*80 



For the 
remainder 

of the 
Distance. 



Per Ton 

per Mile. 

d, 

1*35 
1-66 
2-10 
2*60 
2-90 



Maxivuic Tskmimals. 



station 
Termi- 
nal at 
each 
End. 



Per 
Ton. 
«. d. 

1 6 

1 6 

1 6 

1 6 

1 6 



Berrlce Terminals. 



Per 
Ton. 
«. d, 

6 

8 

1 
1 4 
1 8 



Per 
Ton. 
«. d. 

6 

8 

1 
1 4 
1 8 



Per 

Ton. 

d. 

1-60 
2 



Per 

Ton. 

d. 

1-60 
2 
2 
3 

4 



1. 
2. 
3. 
4. 
5. 



D. 



322 



PROVISIONAL ORDERS — SPSaAL PROVISIONS. 



[65 & 56 Vict. cap. Ivi.] 

TAFF VALE RAILWAY COMPANY. 



Short title. 



Commence- 
ment. 



[Note.— The Provisional Order applicable to the Taff Yale Hail- 
way Company and the Companies next mentioned may be cited as 
*< The Railway Bates and Charges, No. 18 (Taff Yale Bailway, &c.) 
Order, 1892," and the Act confirming it as '*The Bailway Bates 
and Charges, No. 18 (Taff Yale Bailway, &c.) Order Confirmation 
Act, 1892." 

Commencement of this Order 1st January, 1893, or such later 
date as the Board of Trade direct.] 

MAXIMUM BATES AND CHABGES 

APPLICABLE TO THE 

Ta£E Vale Railway Company, 

Aberdare Railway Company, 

Alexandra (Newport and South Wales) Docks 
and Railway Company, 

Barry Railway Company, 

Great Western Railway Company and Rhymney 
Railway Company Joint Railways, 

Great Western Railway Company and TaflE Vale 
Railway Company Joint Railway, 

Mersey Railway Company, 

Penarth Extension Railway Company, 

Penarth Harbour, Dock, and Railway Com- 
pany, 

Rliondda and Swansea Bay Railway Company, 

Rhymney Railway Company. 



TAFK VALE RAILWAY. 

Where the distance over which merchandise is 
conveyed consists in part of a line or lines of the 
company to which one scale, and in part of a line 
or lines to which another, or more than one other, 
scale of rates is applicable, the maximmn charge 
for each such portion of the entire distance shall 
be calculated at the maximum rate which, accord- 
ing to the scale applicable to such portion, would 
be chargeable for the entire distance. 

As regards the Great Western Railway Com- 
pany and the Rhymney Railway Company Joint 
Railways, nothing contained in this Act shall 
repeal, affect, or prejudice the eiiactments con- 
tained in the provisoes to section 22 of the Great 
Western Railway (Various Powers) Act, 1867, or 
the proyiflions ^th regard to tolk and chafes 
contained in section 30 of the Great Western 
Railway Act, 1872, or section 47 of the Great 
Western Railway Act, 1873. 

The sectionB here mentioned have been set out in considering the 
Ghreat Western Bailway Company's schedule, ante, p. 256. In effect 
they authorised a charge of {ths of a penny per ton per mile on coal 
and Id. on coke+a four mile short distance charge. 

In respect of coal conveyed on the Barry Rail- 
way the maximum rate shall not, inclusive of 
provision of trucks, exceed the rates provided for 
by section 73 of the Barry Dock and Railway 
Act, 1884(a). 

These rates are as follows : — '* For coals (conyeyed on the railway 
for a distance not exceeding 14 miles) one penny per ton per mile, 
for coals (conyeyed on the railway for a distance exceeding 14 
miles) three-fourths of one penny per ton per mile. 

(a) 47 & 48 Vict. cap. odyii. 

y2 



323 



324 



PBOVISIONAL ORDEBS — SPECIAL PROVISIONS. 



In calculating the distance over which any 
merchandise is conveyed and for all purposes of 
rates and charges the Rhondda Tunnel on the 
Rhondda and Swansea Bay Railway is to be cal- 
culated as four miles. 

Nothing in this Order contained shall repeal, 
alter or vary any of the enactments contained in 
any Act relating to the Bute Docks, Cardiff, as to 
charges for services to be performed, or accommo- 
dation to be provided by, the Taff Vale Railway 
Company or the Rhymney Railway Company 
with respect to traffic at those docks. 

In calculating the distance over which any 
merchandise is conveyed, and for all purposes of 
rates and charges, the Mersey Railway Tunnel 
under the River Mersey between Liverpool and 
Birkenhead is to be calculated as five miles. 



PABT I.— Gk)ODs Ain) Minerals. 

Rates and Terminals in respect of Merchandise comprised 

in Classes A. and B. 

SoALB I. — Applicable to tJiefolhwing Bailways : — 



Railways Owned, Leaaed, or Worked Ij 



1. The Taff Vale Railway Gompaiiy 

2. The Aberdare Railway Gompaiiy 

3. The Great Weetem Hallway 

Company and Rhymney Rail- 
way Company jointly. 

4. The Great Western RaUwar 

Company and Taff Vale Rail- 
way Company jointly. 

5. The Penarth Extension Railway 

Company, the Penarth Harbonr, 
Dock, and Railway Company. 

6. The Rhymney Railway Company 



MaTimnm Rata for 
ConTeyanoe. 



Per Ton per Mile. 



MaTlmwin Station 
Terminal at each End. 



Per Ton. 



CLAaaA. 



d. 






J 



Goal - 0-875 

All other artidea in 
Class A., the mazi- 
mmn rates and charges 
set out in Scale 3. 



Class B. 

The maTimnm rates and charges set out in 
Scales. 



d. 
3 



TAFF VALB RAILWAT, 325 

Provided that, in respect of the railways to 
which scale 1 is applicable, and in respect to the 
Barry Eailway, section 11 shall not apply to 
merchandise comprised in Classes A. and B., but 
instead thereof the companies shall, with respect 
to merchandise comprised in Classes A. and B. 
conveyed for a less distance than four miles, have 
power to charge as for four miles and no more, 
irrespective of the place of origin or destination 
of the traffic. 



Rates and Terminals in respect of Merchandise 

comprised in Class A. 

Scale U.—Applicahle to ihe Alexandra {Newport and South Waks) 

Bock$ and BaUway Company. 



Ma-gJTnTun Bate for CoaTeyanoe. 



Pef Ton per Mile. 

d, 
0-876 



MairiiniiTn Station Teiminal at each End. 



Per Ton. 

d, 
8 



Provided that, notwithstanding anything in 
this Order, the Alexandra (Newport and South 
Wales) Docks and Railway Company shall, with 
respect to any merchandise of any class conveyed 
for a less distance than one mile and a half, have 
power to charge as for one mile and a half and 
no more, irrespective of the place of origin or 
destination of the traffic. 



326 



PAO VISIONAL ORDERS^ SPECIAL PBOVISIOKS. 



Rates and Terminals in respect of Merchandise comprised 

in Classes A., B., C, 1, 2, 3, 4, 5. 



Scale HI. — Applicable save as hereinhe/ore specially mentioned. 



A. 
B. 
0. 
1. 
2. 
3. 
4. 
5. 



MAziMcm Batbs fob Goxtxtavcb. 



For CondgnmeiitB, except m otherwiae 
provided In the Bohednle. 



For the 

flzst 

aOMQea, 

or any 

part 

of each 

Diatanoe. 


For the 

next 

aOMilea, 

or any 

part 

of such 

Distance. 


For the 

next 

SOMilea, 

or any 

part 

of such 

Distanoe. 


Per Ton 
per Mile. 


Per Ton 
per Mile. 


Per Ton 
per Mile. 


d, 
0*95 


d, 
0-85 


d. 
0-60 


1-25 


100 


0-80 


1-80 


1-60 


1-20 


2-20 


1*85 


1*40 


2-65 


2*30 


1-80 


310 


2-66 


2*00 


3-60 


816 


2-60 


4-30 


3-70 


3-25 



For the 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 

d, 
0-40 

0-50 

0-70 

100 

1-60 

1-80 

2-20 

2 50 



Maximum Tbbmikals. 



Station 

Tenni- 

nalat 

each 

End. 



Per 
Ton. 

«. d. 

3 

6 

1 
1 6 
1 6 
1 6 
1 6 
1 6 



Service Tenninali. 



Per 
Ton. 

«. d. 



3 

6 

8 

1 
1 4 
1 8 



a • % 



Per 
Ton. 

«. d. 



3 
5 



Per 
Ton. 

d. 



1 
1*60 



8 2 

1 
1 4 3 
18 4 



Per 
Ton. 

d. 



I 

1*60 

2 

2 

3 

4 



A. 

B. 

0. 

1. 

2. 

3. 

4. 

6. 



( 327 ) 



IBISH BAILWAYS. 



[55 & 56 Yict cap. bdy.] 

ATHENRY & ENNIS JUNCTION RAILWAY. 

[Note. — The ProTisioiial Order applicable to the Atiienry and Short title. 
EnniB Junction Bailway Company and the Companies next men- 
tioned may be cited as « The Bailway Bates and Charges, No. 26 
(Athenry and Ennis Junction Bailway, &c.) Order, 1892," and the 
Act conjQrming it as *'The Bailway Bates and Charges, No. 26 
(Athenry and Ennis Junction Bailway, &c.) Order Confirmation Act, 
1892."] 

MAXIMUM BATES AND CHABGES 

AFPLIGABUfi TO THE 

Athenry and Ennis Junction Railway Com- 
pany, 

Athenry and Tuam Railway Company, 
Ballina and Killala Railway Company, 

Ballinascarthy and Timoleague Jimction Light 
Railway Company, 

Ballinrobe and Claremorris Railway Company, 

Ballycastle Railway Company, 

Baltimore Extension Railway Company, 

Belfast and County Down Railway Company, 

Belfast and Northern Counties Railway Com- 
pany, 



328 proyisio!nal orders. 

Bessbrook and Newry Tramway Company, 

Carrickf ergus Harbour Junction Eailway Com- 
pany, 

Castlederg and Victoria Bridge Tramway Com- 
pany, 

Cavan, Leitrim, and Eoscommon light Railway 
and Tramway Company, 

Clara and Banagher Railway Company, 

Claremorris and CoUooney Railway Company, 

Clonakilty Extension Railway Company, 

Clogher Valley Tramway Company, 

Cork and Macroom Direct Railway Company, 

Cork and Muskerry Light Railway Company, 

Cork, Bandon, and South Coa^t Railway Com- 
pany, 

Cork, Blackrock, and Passage Railway Com- 
pany, 

Derry Central Railway Company, 

Downpatrick, Elillough, and Ardglass Railway 
Company, 

Draperstown Railway Company , 

Dublin and Eangstown Railway Company, 

Dublin and Lucan Steam Tramway Company, 

Dublin, Wicklow, and Wexford Railway Com- 
pany, 

Dundalk, Newry, and Greenore Railway Com- 
pany, 

Enniskillen, Bundoran, and Sligo Railway 
Company, 



IRISU RAILWAYS. 829 

Fermoy and lismore Eailway Company, 

Finn Valley Railway Company, 

Great Northern Railway (Ireland) Company,. 

Great Southern and Western Railway Com- 
pany, 

Hen Valley Railway Company, 

Kanturk and Newmarket Railway Company, 

Kilkenny Junction Railway Company, 

Letterkenny Railway Company, 

limavady and Dungiven Railway Company, 

Limerick and Kerry Railway Company, 

Listowel and Ballybunion Railway Company, 

London and North Western Railway Company 
(Irish Lines), 

Londonderry and Lough Swilly Railway Com- 
pany, 

Loughrea and Attymon Light Railway Com- 
pany, 

Mitchelstown and Fermoy Light Railway Com- 
pany, 

Midland Great Western Railway of Ireland 
Company, 

Rathkeale and Newcastle Junction Railway 
Company, 

Sligo, Leitrim, and Northern Counties Railway 
Company, 

Southern Railway Company, 

Timoleague and Courtmacsherry Extension 
Light Railway Company, 



330 PROVISIONAL ORDERS. 

Tralee and Dingle Light Railway or Tramway 
Company, 
Tralee and Fenit Railway Company, 
Tuam and Claremorris Riailway Company, 
Waterford and Central Ireland Railway Com- 
pany, 

Waterf ord and Limerick Railway Company, 
Waterford and Tramore Railway Company, 
Waterford and Wexford Railway Company, 
Waterford, Dungarvan and Lismore Kailway 

Company, 

West Carbery Tramways and Light Railways 

Company, 

West Clare Railway Company, 

West Donegal Railway Company, 

The Cork, Bandon, and South Coast Railway 

Company, in respect of the extension to Bantry 

Bay, 

The Great Southern and Western Railway Com- 

Sany, in respect of the Headf ord and Kenmare 
lailway, and the West Kerry, Killorgin, and 
Valentia Railway, and 

The Midland Great Western Railway of 
Ireland Company, in respect of the Ballina to 
Killala Railway ; the Gal way to Clifden Rail- 
way ; and the Westport to Mallarany Railway, 
and any extension railway to Achill. 

GENEEAL CONDITIONS. 

FNoTE. — ^The general conditions contained in the schedule applic- 
able to the Irish railways are the same as those of the London and 
North- Western Bailway Company and other English railways, with 
the following exceptions : — (a) In clanse 22, dealing with returned 
empties, a fourth sub-clause, applicable to Brewers' returned 
empties, is added, (b) Clause 28 is absent, there being no appendix 
to me Athenry and Ennis Junction Railway Company's sdiedule.] 

Clauses 1 to 21^ inclusive, see antey pp. 182 to 
202. 

Clause 22 is the same as the London and North 



IBISH RAILWAYS. 331 

Western Railway Company and English rail- 
ways, antey p. 202, with the following addition at 
the end of the proviso : — 

(4) Brewers' returned empties shall not be 
charged more than the following rates : — 

Per owt. 

For any distance not exceeding 25 miles 3d. 

For any distance exceeding 25 miles, but 
not exceeding 50 miles ... ^d. 

For any distance exceeding 50 miles, but 
not exceeding 100 miles - - - 7rf. 

For any distance exceeding 100 miles, 
but not exceeding 160 miles - - 7*b0d. 

For any distance exceeding 150 miles, 

but not exceeding 200 mues - - 9ef. 

For any distance exceeding 200 miles, 
but not exceeding 250 mUes - - lOd. 

For any distance exceeding 250 miles - Is. 

The minimum weight to be 56 lbs., with a 

minimum charge of 3d. 

Clauses 23 to 27, inclusive, are the same as those 
so numbered in the case of the English railways, 
see antey p. 204. 

There is no clause 28, the schedule having no 
appendix. 

SPECIAL PEOVISIONS. 
MAXJMUM SATES AND GHABGES. 

In respect of merchandise conveyed over any 
portion of the railways authorised by the Belfast 
Central Acts, 1864 to 1877 inclusive, destined for 



332 



PROVISIONAL ORDERS — SPECIAL PROVISIONS. 



or arriving from stations on or beyond the said 
railways, the Great Northern Railway (Ireland) 
Company shall be entitled to make a fixed charge 
as for a separate journey of six miles over and 
above the charges herein authorised to be made. 

In calculating the distance over which any 
merchandise is conveyed, and for all purposes of 
rates and charges, the City of Dublin Junction 
Railway authorised by the City of Dublin Junction 
Railways Act, 1884, is to be calculated as eight 
miles : — 

PABT I.— GK)ODS AND MnTERALS. 



^1 



a 






A. 
B. 
0. 

1. 

2. 
8. 
4. 
6. 



\S . 



Mazimux Ratbs roB Coxtbtascb. 



For ConnigTiTnwitB, eonept m ofherwiae 
provided in the Sdiednle. 



Fortheflnt 
80 Miles, 

or any port 

of such 
Difltanoe. 



Per Ton 
per Mile. 

d, 

1-40 

1-60 
1*95 
2-40 
2-70 
8*10 
3*66 
4-30 



Fortfaenezt 
SOMileB, 

or any port 

of soch 
Diatanoe. 



Per Ton 
per Mile. 

d. 
0-90 

M6 

1-60 

205 

2*30 

2-76 

3-80 

3-90 



For the next 
fiOMileB, 

or any part 
of Buch 

Distance. 



Per Ton 
per Mile. 

d. 

0-70 

0*80 
1-20 
1-86 
2-00 
2-45 
306 
8-80 



For the 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 

d. 
0-50 

0*56 

0-70 

1*46 

1-55 

2*05 

2*40 

800 






Per 
Ton. 

«. d, 

3 

6 

1 
1 6 
1 6 



1 6 



Xaxixuii Tbbwkals. 



Serrioe Tenninals. 



Per 
Ton. 

«. d. 



3 
5 



8 



16 10 



1 4 



16 18 



Per 
Ton. 

«. d. 



3 

5 

8 

1 
1 4 
1 8 



Per 
Ton. 

d. 



1 

1-50 
2 
2 
3 
4 



5 



Per 

Ton. 



1 

1-50 
2 
2 
8 

4 



B. 
0. 
1. 
2. 
3. 
4. 
6. 



1 



IRISH RAILWAYS, 



333 



PABT n.— Animal Class. 



DBacupnoM. 



1. For erery hone, mult, or 

other beast of draught or 
burden • • 

2. For eyerr ox, oow, bull, or 

head of neat cattle 

3. For every calf not exceed- 

ing 12 montha old, pig, 
aheep, lamb, or other smidl 
animal 

4. For every animal of the 

seyeral classes above enu- 
merated conveyed in a 
separate carriage by direc- 
tion of the consignor or 
from necessity • • • . . 

5. For any truck of not lees 

than 13 feet 2 inches, and 
not exceeding 16 feet 2 
inches in leng^ inside 
measurement, containing 
any consignment by the 
same person of such num- 
ber of oxen, cows, neat 
cattle, calves, sheep, goats, 
or pigs as may reasonably 
be carried therein 

6. For any truck exceeding 15 

feet 2 inches, and not ex- 
ceeding 16 feet in length 
inside measurement, con- 
taining any consignment 
by the same person of such 
number of oxen, cows, 
neat cattle, calves, sheep, 
g^ts, or pig^s, as may rea- 
sonably be carried therein . 



Rati voa Gowvstavcs na 

MiLB. 




8 



0-76 



6 



S 



d. 



2 



0-76 



6 



6 






d, 

1-65 



1-30 



0*40 



6 



6-20 



6-20 



d. 
1-66 



1-30 



0-36 2 



6 



SiRVICS 

Tbbmixala. 



4*60 



«. d. 



6 



4 



6*60 



1 6 



1 



«. d. 



4 



3 



1-60 



1 



6 



1 00 9 



«. d. 



4 



8 



«. d. 

2 6 

2 6 



1-50 



2 6 



1 



6 



6 



5 



9 



5 



334 PROVISIONAL ORDERS— IRISH RAILWAYS. 

The terminal charges, other than those payable 
under paragraph 4, on animals sent by the same 
person at a rate calculated per head, and carried 
in the same truck, shall in no cause exceed the 
terminal charges per truck. 

Where the company is required to cleanse, and 
does cleanse, trucks under the provisions of any 
Order in Council, or duly authorised regulation 
of any department of State, they may make a 
charge not exceeding Is. per truck in addition to 
the charges herein authorised. 

PABT in.— Oabbiaoes. 

FABT IV.— Exceptional Class. 

PABTY. —Perishable M£BCHAin)i8E BT Passenoeb Train. 

PABT VI.— Small Parcels bt Merchandise Train. 

These proyisions are the same as in the case of the English railways, 

see antey pp. 209 — 216. 



The Classification of Merchandise Traffic is also the same, see 
p. 365. 



( 335 ) 



SCOTCH RAILWAYS. 



In the case of the Scotch Railways the Act of CJonfiming 
Parliament confirming the Provisional Order of 
the Board of Trade is similar to that applying to 
the English companies. See antey p. 179. 

The Provisional Order of the Board of Trade Pirovwtonai 
is also similar. See ante^ p. 181. 

The schedule of Maximum Rates and Charges, Schedule. 
however, differs slightly from that of the English 
companies. For instance, in the General Con- 
ditions the provisions for the carriage of goods in 
owners' waggons are not the same, clause 2 of the 
Conditions in the English schedules being con- 
siderably modified, and clause 9 absent altogether. 
As this causes similar clauses to be differently 
numbered, the General Conditions contained in 
the Scotch schedules are printed here separately ; 
for comments on the clauses the reader is referred 
to the similar clauses in the schedules of the 
English companies. Parts III. to VI. inclusive 
are similar to the English schedules, and for them 
the reader is referred back to pp. 209 — 215, and 
the classification is also similar for both Scotch 
and English companies, and will be found poaty 
p. 365. 

[Note. — ^The General Conditions of the North Eastern Bailway 
are similar to those of the Scotch and not of the English railways.] 



336 



PROV. ORDERS — SCOTCH— GENERAL CONDITIONS. 



Scheduk of Maximum Rates and CliargeSj and Classification 
of Merchandise Traffic applicable to the [Caledonian] 
Railtcay Company and certain other Railway Companies 
connected theretvith. 



Maximum 

oonyejaDce 

rate. 



Maximum 

station 

terminal. 



I. — "Kaxuhju Bates and Chaboes. 

1. This schedule of maximum rates and charges shall be 
divided into six parts : Part I., containing the maximum rates 
and charges authorised in respect of the merchandise com- 
prised in the several classes of merchandise specified in the 
classification; Part II. and Part 111., containing the maximum 
rates and charges authorised in respect of animals" and car- 
riages as therein mentioned ; Part lY., specifying the excep- 
tional charges mentioned in such part, and the circumstances 
in which they may be made ; Part Y., containing the rates 
and charges authorised in respect of perishable merchandise 
by passenger train, with the provisions and regulations which 
are to apply to such class of merchandise ; and Part YI., con- 
taining the rates and charges authorised in respect of small 
parcels by merchandise train with the provisions and regula- 
tions which are to apply to such parcels. 

2. The maximum rate for conveyance is the maximum rate 
which the company may charge for the conveyance of mer- 
chandise by merchandise train, and includes the provision of 
locomotive power and trucks by the company, and every other 
expense incidental to such conveyance not otherwise herein 
provided for. Provided that where, for the conveyance of 
any merchandise, the company do not provide trucks, the rate 
authorised for conveyance shall be reduced by a sum which 
shall, in case of difference between the company and the per- 
son liable to pay the charge, be determined by an arbitrator 
appointed by the Board of Trade. 

This clause differs from clause 2 of the General Conditions of the 
English companies. The provision of trucks for merchandise in 
class A. being in the case of the Scotch companies included in the 
conveyance rate. 

3. The maximum station terminal is the maximum charge 
which the company may make to a trader for the use of the 



SCOTCH RAILWAYS. 337 

accommodatioix (exduaiye of coal drops) proyided, and for the 
duties undertaken by the company, for which no other provi- 
sion is made in this schedule, at the terminal station for or in 
dealing with merchandise, as carriers thereof, before or after 
conveyance. 

4. The maximum service terminals are the maximum Maximum 
charges which the company may make to a trader for the Jf!^?f_i 
following services, when rendered to or for a trader, that is 

to say, loading, unloading, covering, and uncovering mer- 
chandise, which charges shall, in respect of each service, be 
deemed to include all charges for the provision by the 
company of labour, machinery, plant, stores, and sheets. 
Provided that — 

Where merchandise conveyed in a separate truck is loaded 
or imloaded elsewhere than in a shed or building of the 
company, the company may not charge to a trader any 
service terminal for the performance by the company of 
any of the said services if the trader has requested the 
company to allow him to perform the service for himself 
and the company have unreasonably refused to allow him 
to do so. Any dispute between a trader and the company 
in reference to any service terminal charged to a trader 
who is not allowed by the company to perform for himself 
the service, shall be determined by the Board of Trade. 

5. The company may charge for the services hereunder Special 
mentioned, or any of them, when rendered to a trader at his ■^^"** 
request or for his convenience, a reasonable sum, by way of 
addition to the tonnage rate. Any difference arising under 

this section shall be determined by an arbitrator to be ap- 
pointed by the Board of Trade at the instance of either party. 
Provided that where before any service is rendered to a trader 
he has given notice in writing to the company that he does 
not require it, the service shall not be deemed to have been 
rendered at the trader's request or for his convenience. 

(i.) Services rendered by the company at or in connexion 

with sidings not belonging to the company, 
(ii.) The collection or delivery of merchandise outside the 

terminal station, 
(iii.) Weighing merchandise. 



338 



PROVISIONAL ORDERS — GEKERAL CONDITIONS. 



Detention of 
trucks by 
oompany. 



Siding rent. 



(iv.) The detention of tracks, or the use or occupation of 
any accommodation, before or after conveyance, 
beyond such period as shall be reasonably necessary 
' for enabling the company to deal with the merchan- 
dise as carriers thereof, or the consignor or consignee 
to give or take delivery thereof ; or, in cases in which 
the merchandise is consigned to an address other 
than the terminal station beyond a reasonable period 
from the time when notice has been delivered at such 
address that the merchandise has arrived at the 
terminal station for delivery. And services rendered 
in connexion with such use and occupation. 

(v.) Loading or unloading, covering or imcovering, mer- 
chandise comprised in Glass A. or Glass B. of the 
classification. 

(vi.) The use of coal drops. 

(vii.) The provision by the company of accommodation at a 
waterside wharf, and special services rendered thereat 
by the company in respect of loading or unloading 
merchandise into or out of vessels or barges where no 
special charge is prescribed by any Act of Parliament. 
Provided that charges under this sub-section shall 
for the purposes of sub-section (3) of section 33 of 
the Eailway and Ganal Traffic Act, 1888, be deemed 
to be dock charges. 

6. Where merchandise is conveyed in trucks not belonging 
to the company the trader shall be entitled to recover from the 
company a reasonable sum by way of demurrage for any 
detention of his trucks beyond a reasonable period, either by 
the company or by any other company over whose railway the 
trucks have been conveyed under a through rate or contract. 
Any difference arising under this section shall be determined 
by an arbitrator to be appointed by the Board of Trade at the 
instance of either party. 

7. Nothing herein contained shall prevent the company 
from making and receiving, in addition to the charges speci- 
fied ia this schedule, charges and payments, by way of rent 
or otherwise, for sidings or other structural accommodation 
provided, or to be provided, for the private use of traders, and 



SCOTCH RAILWAYS. 339 

not required by the company for dealing with the traffic for 
the purposes of conveyance, provided that the amount of such 
charges or payments is fixed by an agreement, in writing, 
signed by the trader, or by some person duly authonsed on his 
behalf, or determined in case of difference by an arbitrator to 
be appointed by the Board of Trade. 

8. In respect of merchandise received from or delivered to TranBhip- 
another railway company having a railway of a different gauge, ™^*' 
the company may make a reasonable charge for any service of 
transhipment performed by them, the amount of such charge 

to be determined in case of difference by an arbitrator to be 
appointed by the Board of Trade. 

n. — Fbovisions as to Fixnro Bates akd Chabges. 

9. In calculating the distance along the railway for the Tenninal 
purpose of the maximum charge for conveyance of any mer- station not 
chandise, the company shall not include any portion of their distanoe. 
railway which may, in respect of that merchandise, be the 
subject of a charge for station terminal. 

The cases in which a company are authorisod to charge as for a 
special mileage for a certain portion of their route will be found 
collected in the table, p. 464. This clause corresponds to clause 10 
of the English schedules. 

10. Where merchandise is conveyed for an entire distance Short dis- 
which does not exceed in the case of merchandise in respect *"^^* 

of which a station terminal is chargeable at each end of the 
transit three miles, or in the case of merchandise in respect of 
which a station terminal is chargeable at one end of the transit 
four and a half miles, or in the case of merchandise in respect 
of which no station terminal is chargeable six miles, the com- 
pany may make the charges for conveyance authorised by this 
schedule as for three miles, four and a half miles, and six miles 
respectively. Provided that where merchandise is conveyed 
by the company partly on the railway and partly on the rail- 
way of any other company the railway and the railway of such 
other company shall, for the purpose of reckoning such short 
distance, be considered as one railway. 

This corresponds to clause 11 of the English schedules. 

z2 



340 



PROVISIONAL ORDERS — GENERAL CONDITIONS. 



Minifmim 
load. 



FractioDB of a 
ton. 



Fraction of a 
mile. 



Fraction of a 
penny. 

Weight. 



Stone. 



Timber. 



11. For any quantity of merchandise less thAn a truck load 
which the company either receive or deliver in one truck, on, 
or at a siding not belonging to the company, or which, from 
the circumstances in which the merchandise is tendered, or the 
nature of the merche^ndise, the company are obliged or required 
to carry in one truck, the company may charge as for a reason- 
able minimum load, having regard to the nature of the mer- 
chandise. 

This corresponds to clause 12 of the English schedules. 

12. Where a consignment by merchandise train is over 
three hundredweight and under five tons in weight, a fraction 
of a quarter of a hundredweight may be charged for as a 
quarter of a hundredweight; and where a consignment by 
merchandise train is over five tons in weight, a fraction of a 
quarter of a ton may be charged for as a quarter of a ton. 

This and the following clauses correspond to clauses 13 to 28 of 
the English schedules. 

13. For a fraction of a mile the company may charge ac- 
cording to the number of quarters of a mile in that fraction, 
and a fraction of a quarter of a mile may be charged for as a 
quarter of a mile. 

14. For a fraction of a penny in the gross amount of rates 
and charges for any consignment for the entire distance 
carried, the company may demand a penny. 

15. Weight (except as to stone and timber when charged 
by measurement) shall be determined according to the imperial 
avoirdupois weight. 

16. All stone shall be charged at actual weight, when the 
weight can be conveniently ascertained. When the actual 
weight of stone in blocks cannot be conveniently ascertained, 
14 cubic feet of stone in blocks may be charged for as one 
ton, and smaller quantities may be charged for in the like 
proportion. 

17. When timber is consigned by measurement weight, 40 
cubic feet of oak, mahogany, teak, beech, g^eenheart, ash, 
elm, hickory, ironwood, baywood, or other heavy timber, and 
50 cubic feet of poplar, larch, fir, or other Hght timber other 
than deals, battens, and boards, and 66 cubic feet of deals, 
battens, and boards, may be charged for as one ton, and 



SCOTCH RAILWAYS. 



841 



smaller quantities may be charged for in the like proportion. 
The cubic contents of timber consigned by measurement weight 
shall be ascertained by the most accurate mode of measurement 
in use for the time being. 

18. Articles sent in large aggregate quantities, although Paroels. 
made up of separate parcels, such as bags of sugar, coffee, 

and the like, shall not be deemed to be small parcels. 

in. — MlSOELLAKEOTTS. 

19. In respect of any merchandise or article of any descrip- Artides not 
tion which is not specified in the classification, the company SwaiAMiticm. 
may, unless and until such merchandise or article is duly added 

to this classification and schedule pursuant to sub-section eleven 
of section twenty-four of the Bailway and Canal Traffic Act, 
1888, make the charges which are by this schedule authorised 
in respect of merchandise and things in Class 3. 

20. Nothing herein contained shall affect the right of the SaTing as to 
company to make any charges which they are authorised by ^°°^ chargee. 
any Act of Parliament to make in respect of any accommoda- 
tion or services provided or rendered by the company at or in 
connection with docks or shipping places. 

21. In respect of returned empties, if from the same station Betorned 
and consignee to which and to whom they were carried full to ®™P ^' 
the same station and consignor from which and from whom 

they were carried f uU, the company may charge the following 

rates inclusive of station and service terminals : — 

per cwt. 

For any distance not exceeding 25 miles - . 3d. 

For any distance exceeding 25 miles, but not ex- 
ceeding 50 miles ------ 4d. 

For any distance exceeding 50 miles, but not ex- 
ceeding 100 miles Sd, 

For each additional 50 miles or part of 50 miles - 8e/. 

The TninimiiTn weight to be 56 lbs., with a minimum 

charge of 3d. 
Provided that — 

(1) Eetumed empty sacks and bags shall not be charged 
more than half the above rates with a minimum charge 
of 4(f. 



342 



PBOnsIOXAL OSDBS9— GEXESAL OD!n>inOKS. 



Traden* 
empty tmckB. 



Running 
powers. 



ArbitraiionB. 



(2.) Eetnmed empty carboys or crates pother tkan glaaa 
mannla eiur er B' crates and crates takei^ to pieces and 
so packed) may be charged doable the abore rates. 

(3.) Betumed empty fish packages shall not be charged 

more than the following rates : — 

per cwt. 
For any distance not exceeding 50 miles - - 4J. 

For any distance exceeding 50 mileSy bat not 

exceeding 100 miles - - - - - 5d. 
For any distance exceeding 100 milesy bat not 

exceeding 150 miles ..... 7<f. 
For any distance exceeding 150 mileSy bat not 

exceeding 200 miles . . - - - 8i/. 
For any distance exceeding 200 miles, bat not 

exceeding 250 miles - . • - - 9<^. 
For any distance exceeding 250 miles, bat not 

exceeding 300 miles .... - lOi^. 
For any distance exceeding 300 miles - ^ lid. 

The minimnni weight to be 56 lbs., with a minimam 

charge of 4d» 

22. Where merchandise is conveyed in a trader's track, 
the company shall not make any charge in respect of the 
return of the truck empty, provided that the truck is retumed 
empty from the consignee and station or siding to whom and 
to which it was consigned loaded direct to the consignor and 
station or siding from whom and whence it was so consigned, 
and where a trader forwards an empty truck to any station or 
siding for the purpose of being loaded with merchandise the 
company shaU make no charge in respect of the forwarding of 
such empty truck, provided the truck is retumed to them 
loaded for conveyance direct to the consignor and station or 
siding from whom and whence it was so forwarded. 

23. Any railway company (other than the company) convey- 
ing merchandise on the railway, or performing any of the 
services for which rates or charges are authorised by this 
schedule, shall be entitled to charge and make the same rates 
and charges as the company are by this schedule authorised to 
make. 

24. The Board of Trade Arbitrations, &c. Act, 1874, shall, 
BO far as applicable, apply to every determination of a differ- 



BOOTCH RAILWAYS. 843 

ence or question by arbitration under the provisions herein 
contained. 

25. In this schedule, unless the context otherwise requires — Definitions. 
The term *' the company " means a railway company 

to which this schedule applies ; 

The term '' the railway " means any railway or steam 
tramway over which the company conveys merchan- 
dise, and in respect of which no maximum rates and 
charges other than those authorised in this schedule 
are, for the time being, authorised by Parliament ; 

The term " merchandise " includes goods, cattle, live 
stock, and animals of all descriptions ; 

The term '* the classification '* means the classification 
of goods annexed to this schedule ; 

The term '' trader" includes any person sending or receiv- 
ing, or desiring to send merchandise by the railway ; 

The term *^ terminal station " means a station or place 
upon the railway at which a consignment of mer- 
chandise is loaded or unloaded before or after con- 
veyance on the railway, but does not include any 
station or junction at which the merchandise in 
respect of which any terminal is charged has been 
exchanged with, handed over to, or received from 
any other railway company, or a junction between 
the railway and a siding let by or not belonging to 
the company, or in respect of merchandise passing to 
or from such siding any station with which such 
siding may be connected, or any dock or shipping 
place the charges for the use of which are regulated 
by Act of Parliament. 

The term ** siding " includes branch railways not be- 
longing to a railway company. 

The term " person " includes a company or body cor- 
porate. 

26. The foregoing provisions shall, so far as applicable, PeriahabloBby 
apply to merchandise when conveyed by passenger train under E^!^^®' 
Part V. ; but, save as aforesaid and so far as is provided by 

Part v., nothing herein contained shall apply to the convey- 
ance of merchandise by passenger train, or to tho charges 
which the company may make therefor. 

27. This schedule shall apply to the Caledonian Bailway Application. 



FEOTISIONAL ORDERS — OENERAL OOKDITIONS. 

Company and the other companies mentioned in the Appendix 
hereto bo far as relates to the railways therein specified. 

This clause 27 doee not occur in the schedules of the Callander 
and Oban Bailwa]- Company, the City of Glaegow Union Biulway 
Company, or the Highland Bailway Company; iheae companiea' 
schedulee containing no Appendix. 

MAXIMUM BATES AND CHAEGES. 
PAET L— Goods and MnraBALs. 
The maximum rates for goods and miuerals 
vary in the case of each railway company, and 
these will be found, together with any special con- 
ditions applicable in each case, under the name of 
the particular railway company(a) on the succeed- 
ing pages 346 to 364. 

PART n.— Akimal Class. 



1. For e 






>i draught or burden . . 

2. For every ox. cow, bull, or head 

of neat cattle 

3. For every calf not exceeding 

12 montliH old, pig, aheep, 

4. For every animal of the several 

claaacfl above enoineratod con- 
Teyed in a Henaj 
by direction 

or from neoeBaity 

C. For escb tmck oontainuig any 
conmgmnent by the game per- 
son of mch nnmber of oxen, 
cows, Dcat cattle, oalves, sheep, 
goats, or pig«, aa may reason- 
ably be carried in a truck of 
16 feet 6 inchea in length in- 



Bate for Com«;BiiDS 



il 



•do 



not oodur in the acbedale of the Ci^ of OUsgov 



SCOTCH RAILWAYS. 

The terminal charges, other than those payable 
under paragraph 4 on animals sent by the same 
person at a rate calculated per head, and carried 
in the same truck, shall in no case exceed the 
terminal charges per truck. 

Where the company is required to cleanse, and 
does cleanse, trucks under the provision of any 
Order in Council, or duly authorised regulation 
of any department of State, they may make a 
charge not exceeding Is. per truck in addition to 
the charges herein authorised. 

PABT m.-^OABBIAGES. 

PAET IV.— Exceptional CHAiiass. 

PABT v.— Pekibhables bt Passekoeb Tbain. 

PAET VI.— Small Pakcels. 

These are Biinilar to those applicable to the English railways, and 

will be found ante, pp. 209 — 216. 

Classification of TraffiCi see po9t, pp. 366 and 406. 



345 



346 PROVISIONAL ORDERS — SPECIAL PROVISIONS. 

SPECIAL PEOVISIONS. 

[65 & 56 Vict. cap. Ivii.] 

CALEDONIAN RAILWAY COMPANY. 

Short title. [Note. — ^The Provisional Order applicable to the Caledonian Bail- 

way Company may be cited as ** The Bailway Bates and Charges, 
No. 19 (Caledonian Bailway, &c.) Order, 1892," and the Act con- 
firming it as <' The Bailway Bates and Charges, No. 19 (Caledonian 
Bailway, &c.) Order Confirmation Act, 1892." 

Commenoe- Commencement of the Order 1st January, 1893, or such later 

°^^*- date as the Board of Trade direct] 

Companies to which the Caledonian Railway Com- 
pany^ a schedule applieSj being the Appendix to 
the Caledonian Railway Company* s schedule. 

The Arbroath and Forfar Railway Company, 
in respect of the Arbroath and Forfar Railway, 

The Cathcart District Railway Company, in 
respect of the Cathcart District Railway, 

The Dundee and Newtyle Railway Company, 
in respect of the Dundee and Newtyle Railway, 

The Greenock and Wemyss Bay Railway Com- 
pany, in respect of the Greenock and Wemyss 
Bay Railway, 

The Klillin Railway Company, in respect of the 
Killin Railway, 

The Lanarkshire and Ayrshire Railway Com- 
pany, in respect of the Lanarkshire and Ayrshire 
Railway, 

The Solway Junction Railway Company, in 
respect of the Solway Junction Railway, 

The London and North-Western Railway Com- 
pany, the Midland Railway Company, the Cale- 



SCOTCH RAILWAYS— CALEDONIAN. 347 

donian Railway Company, and the Glasgow and 
South Western Railway Company, in respect of 
the Portpatrick and Wigtownshire Joint Railway, 

The Carlisle Station Lines, 

The Caledonian Railway Company and the 
Glasgow and South Western Railway Company, 
in respect of the following joint railways : 

The Glasgow and Paisley Joint Railway, 

The Glasgow, Barrhead, and Kilmarnock 
Joint Railway, 

The Caledonian and the North British Railway 
Companies, in respect of the Dimdee and Arbroath 
Joint Railway. 

MAXIMUM RATES AND CHAEGES. 

In calculating the distance over which any 
merchandise is conveyed, and for all purposes of 
rates and charges, the bridge crossing the River 
Forth at Alloa is to be^ calculated as 2 miles 24 
chains. 

Where the distance over which merchandise is 
conveyed consists in part of a line or lines of the 
company to which one scale and in part of a line 
or lines to which another or more than one other 
scale of rates is applicable, the maximum charge 
for each such portion of the entire distance shall 
be calculated at the maximum rate which, accord- 
ing to the scale applicable to such portion, would 
be chargeable for the entire distance. 

Nothing in this Order shall prejudice or affect 
the provisions and obligations contained in sec- 



348 



PROVISIONAL ORDERS — SPECIAL PROVISIONS, 



tion 49 of the Caledonian and Scottish Central 
Railways Amalgamation Act, 1865, section 53 of 
the Caledonian and Glasgow and South- Western 
Railway (Kilmarnock Joint Line) Act, 1869, and 
section 41 of the Caledonian Railway (Further 
Powers) Act, 1882. 

These sections refer to the carriage of dung and city manure for 
public authorities at low rates. They will be found set out at length 
in Appendix 0, post, p. 465. 

For the purposes of Scale IV. the distance be- 
tween Edinburgh and Glasgow shall be taken as 
42 miles, and the distance between Leith or 
Granton on the one hand and Glasgow on the 
other hand shall be taken as 45 miles. 



PAET I. — Goods Aim Mineealb. 

Rates and Terminals in respect of Merchandise 
comprised in Classes A., B., and C. 

SoAiiE I. — Applicable except as otherwise herein provided* 



I 



A. 
B. 
C. 



M^xziiuM Bates vob Goktxtancs. 



For CoiiBigimients, except as otherwiBe 
prorided in the Schedule. 



For the 

flrat 

10 MUee, 

or any part 

of such 
Distance. 



Per Ton 
per Mile. 

d. 
1-75 

200 

2-25 



For the 

next 

10 MUes, 

or any part 

of such 
Distance. 



Per Ton 
per Mile. 

d. 
1-25 

1-25 

1-76 



For the 

next 

16 Miles, 

or any part 

of such 
Distance. 



Per Ton 
per Mile. 

d, 
0-76 

100 

1-50 



For the 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 

d. 
0-60 

0-76 

1-26 



Maximum TisMiirALs. 



Per 

Ton. 

t. d. 

3 

6 

1 



Servioe Tenninak. 



Per 
Ton. 

t. d. 



3 



Per 
Ton. 

t. d. 



8 



Per 
Ton. 

d. 



00 

f 



Per 
Ton. 

d. 



A. 
B. 
O. 



SCOTCH RAILWAYS— CALEDONIAN. 



349 



Rates and Terminals in respect of Merchandise 

comprised in Class A. 

ScAUS U. — Applicable to the Baxlwaya herein epeciaUy mentioned. 



Kailways goyemed hy the Alloa Bail way Act/ 
1879 

Bailwajt goyemed hy the Wigtownahire Rail- 
way Act, 1872 

BailwajB goyemed by the Moffatt Railway Act, 
1881 

Boss Junction and Glaagow, vid Blantyre, and> 
vid Ck>atbridge and Gartsherrie, including 
Whifflet Junction line 

Motherwell Junction and Hamiltoni JunctioD, 
including Bothwell branch 

Moflsend and Fulwood Junctions and Uddingston 
Junction % 

Coatbridge and WhiiHet Junctions and Ruther- 
glen Junction, including Drumfeller and Tan- 
nochside branches 

Strathayen and Blantyre Junctions and Glasgow, ^ 
vid Busby , 

Dalmamock East and West Junctions, and Ger- 
miston High and Liow Junctions 

Glasgow Central Railway and Toll Cross and 
Newton Extension line 



Hamilton Hill Railway, Glasgow 

Blackston Junction and Glasgow, including Lin- 
wood, Cartside, and Gk)yan bnuiches 

Cathcart District Railway • / 



Bates for 

CoDTej- 

aaoe. 



Per Ton 

per Mile. 

d. 

1-60 



2-25 



Station 

Teiminal 

ateMch 

End. 



Per Ton. 
d. 



3 



3 



350 



PROVISIONAL ORDERS — SPECIAL PROVISIONS. 



Rates and Terminals in respect of Merchandise 
comprised in Classes C, 1, 2, 3^ 4, and 5. 

Scale m. — Applicable eoccepi as otherwise herein provided. 



I. 



2. 
3. 
4. 



6. 



Maxhcuv Batks fob Comrvrkxcn, 



"Far ConaigDznenta, except as otherwise 
provided in the »ihediile. 



For the 

first 

20 Miles, 

or any 

part 

oisach 

Distance. 



Per Ton 

per Mile. 

d, 

2-25 

2*66 

310 

3-60 

4-30 



For the 

next 

80 Miles, 

or any 

part of 

BOOh 

Distance. 



Per Ton 

per Mile. 

d. 

1-85 

2-30 

2-66 

315 

3-70 



For the 

next 

60 Miles, 

or any 

"paxtoi 

snch 

Distance. 



Per Ton 

per Mile. 

d. 

1-40 

1-80 

200 

2-60 

3-25 



For the 
remainder 

of the 
Distance. 



Per Ton 

per Mile. 

d. 

100 

1-60 

1-80 

2-20 

2-50 



MA.XI1CU1I Tbbmivals. 



station 
Termi- 
nal at 

End. 



Per 
Ton, 
s, d, 
1 6 

1 6 

1 6 

1 6 

1 6 



Service Tenninab. 



Per 
Ton. 
8. d. 
5 

8 

1 
1 4 
1 8 



Per 
Ton. 
s. d, 
5 

8 

1 
1 4 
1 8 



Per 

Ton. 

d, 

1-50 



3 



I 



Per 

Ton. 

d. 

1-60 

2 

2 

3 



1. 
2. 
3. 
4. 
6. 



Scale IV. — Applicable to the conveyance of Merchandise between the following 
places^ viz,, Edinhv/rgh, Leith, or Oranton, on the 07ie hand, and Glasgow on 
the other hand. 



0. 
1. 
2. 
3. 
4. 
6. 



MAximm Ratbb vob 

CONVBTAirOB. 



For Consignments, except as 

otherwise provided in the 

Scnednle. 



Per Ton per Mile. 
d. 



1 
1 

1- 

r 

2' 
2" 



40 
60 
90 
90 
00 
25 



Maxixuk Tbbiokals. 



station 

Terminal 

ateadi 

End. 



Per Ton. 
8, d. 



1 
1 
1 
1 










1 
1 6 



Service Terminals. 



Per Ton. 
«. d, 
3 





1 
1 
1 



5 
8 

4 
8 



Per Ton. 
«. d, 
3 





1 
1 
1 



5 
8 

4 
8 



Per Ton. 
d, 
1 

1-60 
2 
2 
3 
4 



I 



Per Ton. 
d, 
1 

1-60 
2 
2 
3 
4 



1. 
2. 
8. 
4. 
6. 



SCOTCH RAILWAYS. 



351 



[55 & 56 Vict. cap. Iviii.] 

CALLANDER AND OBAN RAILWAY 

COMPANY. 

[NoTS. — The ProTifiioiial Order applicable to the Callander and Short title. 
Oban Bailway Company may be cited as ** The Sailway Bates and 
Charges, No. 20 (Callander and Oban Bailway) Order, 1892/' and 
the Act confirming it as '* The Bailway Bates and Charges, No. 20 
(Callander and Oban Bailway) Order Confirmation Act, 1692." 

Commencement of Order Ist January, 1893, or such later date Gonunence* 
as Board of Trade direct.] ™«^*- 

MAXBIUM BATES AND CHABGES. 
PABT I.— Goods Aim MnnsiiAiiS. 



4 

Ml 

^1 



A. 

B. 

C. 

I. 

2. 

8. 

4. 

5. 



MAxmuic Batsb vob CoirTSTAircv. 



Far CoDflignmeiitfl, exoept as otherwise 
provided in the Sohedtile. 



Forthefliat 
ao Miles, 

ataafpaxt 

of snoh 

Distance. 



Per Ton 
per Mile. 

d. 
200 

2-00 

2-26 

2-60 

2-76 

310 

8-76 

4-80 



For the next 
ao Miles, 

or anyiMot 

of such 

Distance. 



Per Ton 
per Mile. 

d. 
1-60 

1-60 

1-76 

1-90 

2'36 

2-80 

8-36 

3-90 



For the 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 

d. 
0-76 

0*86 

1-20 

1-65 

206 

2-50 

815 

8-80 



MaXXJCUK TSBMIKALS. 



Station 

Terminal 

at each 

End. 



Per 
Ton. 

8, d, 
8 

6 

1 
1 6 
1 6 
1 6 
1 6 
1 6 



Service Terminals. 



Per 
Ton. 

8. d. 



3 

5 

8 

1 
1 4 
1 8 



I 



Per 
Ton. 

8. d. 



3 

6 

8 

1 
1 4 



1 8 



Per 

Ton. 

d. 



1-60 



3 



8 



Per 
Ton. 

d. 



1-60 

2 

2 

8 

4 



B. 
0. 
1. 
2. 
8. 
4. 
6. 



362 



PBOVISIONAL O&DERS — SPECIAL PB0VI8I0KS. 



[55 & 56 Yict. cap. lix.] 

CITY OF GLASGOW UNION RAILWAY 

COMPANY. 



Short title. 



CommeDoe- 
ment. 



[Note. — ^The Provisioiial Order applicable to the City of Glasgow 
Union Railway Company may be cited as '* The Bail way Bates and 
Charges, No. 21 (City of Glasgow Union Bailway) Order, 1892," 
and the Act confirming it as " The Bailway Bates and Charges, 
No. 21 (City of Glasgow Union Bailway) Order Confirmation Act, 
1892." 

Commencement of Order 1st January, 1893, or such later date 
as Board of Trade direct.] 



MAXIMUM BATES AND CHABGES. 
PABT I. — Goods Ain> Minebals. 



In respect 


Mazimum 
Batkb fob 

Ck>HVSTAirCK. 


Mazimtjx TsBinir AL8. 


of MerchandiBe 
• oomprued 
in the 


For 
Ck>niiignment8, 

except 

aa otherwise 

provided in the 

Schedule. 


Station 
Terminal 

at 
each End. 


Senrioe Tenninak. 




under- mentioned 
ClaBBes. 


Loading. 


Un- 
loading. 


CoTering. 


Un- 
oovering. 






Pep Ton 

per Mile. 


Per Ton. 


Per 
Ton. 


Per 
Ton. 


Per 
Ton. 


Per 
Ton. 




A. 


d. 
1-90 


«. d. 
3 


«. d. 


«. d. 


d. 


d. 


A. 


B. 


200 


6 


— 


— 


— 


— 


B. 


0. 


2-20 


1 


3 


3 


1 


1 


0. 


1. 


2-50 


1 6 


6 


6 


1-60 


1-60 


1. 


2. 


2-76 


1 6 


8 


8 


2 


2 


2. 


3. 


310 


1 6 


1 


1 


2 


2 


3. 


4. 


3-76 


1 6 


1 4 


1 4 


3 


8 


4. 


6. 


4-30 


1 6 


1 8 


1 8 


4 


4 


6. 



SCOTCH RAILWAYS. 353 



[56 & 56 Viot cap. Iz.] 

GLASGOW AND SOUTH WESTERN 
RAILWAY COMPANY. 

[Note. — The Proyisional Order applicable to the Glasgow and Short title. 
South Western Railway Company may be cited as " The Bail way 
Bates and Charges, No. 22 (Glasgow and South Western Bail- 
way, &c.] Order, 1892," and the Act confirming it as ** The Bailway 
Bates and Charges, No. 22 (Glasgow and South Western Bail- 
way, &c.) Order Confirmation Act, 1892." 

Commencement of Order Ist January, 1893, or such later date Obmmenoe- 
as Board of Trade direct.] »*«^*- 

Companies to which the Glasgow and South Western 
Railway Company^ s Schedule applies^ being the 
Appendix to the Schedule of the Glasgow and 
South Western Railway Company. 

The Ayrshire and Wigtownshire Railway Com- 
pany, in respect of the Ayrshire and Wigtownshire 
Railway ; 

The Kilmarnock and Troon Railway Company, 
in respect of the Kilmarnock and Troon Railway. 

MAXIMUM BATES AND CHABGES. 

Nothing in this Order shall prejudice or affect 
the provisions and obligations in section 43 of the 
Glasgow and South Western Railway (Kilmar- 
nock Direct) Act, 1865. 

This section refers to the carriage of dung and city manure at 
low rates for public bodies. It will be found in Appendix B., posty 
p. 468. 

D. A A 



\YS. 



355 



•i-*S- 



'. Ixi.] 

TLAND RAILWAY 
W 

lining the schedule applic- Short title. 

Railway Company may be 
.-OS, No. 23 (Great North of 
" Act confirming it as ** The 
: eat North of Scotland Sail- 



y, 1893, or such later date Ckmunence- 

xaent. 



vND CHANGES. 



xD Minerals. 



respect of Merchandise 
>^es A. and B. 



Mazixuk TsiUfDrALB. 



11 

I 



1 

hi '4 

I* 



Per 
Ton. 

I 8. d. 
3 

. 6 



Senrioe Tenninalfl. 



Per 

Ton. 

«. d. 



g 



Per 
Ton. 

«. d. 



& 



Per 
Ton. 

d. 



I 

i5 



Per 
Ton. 



B. 



354 



PROVISIONAL ORDERS— SPECIAL PROVISIONS. 



PAET I.— Goods and Minerals. 

, (a) Rates and Terminals in respect of Merchandise 
comprised in Classes A., B., and C. 



1 



it 



A. 
B. 
0. 



Maximum Rates fob Cohyxtawcb. 



For OonaigninentH, except as otherwise 
proTided in the Schedule. 



For the 

flrat 

10 Miles. 

or any part 

of such 
Distance. 


For the 

next 

lOBIiles, 

or any part 

of such 
Distance. 


For the 

next 

ISBIiles, 

or any part 

of such 

Distance. 


Per Ton 


Per Ton 


Per Ton 


per Mile. 


per Mile. 


per Mile. 


d. 


d. 


d. 


1-76 


1-25 


0-76 


200 


1-25 


100 


2-25 


1-76 


1-50 



For the 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 

d. 
0-60 

0-76 

1-25 



Maximum Tsbmixals. 



I 



Per 
Ton. 

s. d, 
3 

6 

1 



Seryice Tenninals. 



Per 
Ton. 

9. d. 



3 



I 



Per 
Ton. 

9, d. 



3 



I 



Per 
Ton. 

d. 



8 



Per 

Ton. 

d. 



A. 
B. 
0. 



(b) Rates and Terminals in respect of Merchandise 
comprised in Classes 1, 2, 3, 4, and 5. 



I. 



as 
si 



Maximum Ratxs vob Gonyetakcx. 



For Consignments, except as otherwise 
provided in the Schedule. 



1. 



2. 
3. 
4. 
6. 



For the 

flnt 

aoMUes, 

or anyiMut 

of such 
Distance. 



Per Ton 
X>erMile. 

d, 
2-26 

2-65 

3-10 

3-60 

4-30 



For the 

next 

80 Milra, 

or any part 

of such 
Distance. 



Per Ton 
per Mile. 

d. 
1-85 

2-30 

2-65 

3-15 

3-70 



For the 

next 

fiOMUes, 

or any part 

of such 

Distance. 



Per Ton 
per Mile. 

d, 
1-40 

1*80 

200 

2-60 

3-25 



For the 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 

d, 
100 

1-50 

1-80 

2-20 

2-60 



Maximum Txrmixals. 



ATA 



■43 



Per 
Ton. 

8. d, 
1 6 

1 6 

1 6 

I 6 

1 6 



Service Teiminals. 



Per 
Ton. 

«. d, 
5 

8 

1 



1 8 






Per 
Ton. 

9, d. 
6 

8 

1 



14 14 



1 8 



Per 
Ton. 

d. 
1-50 

2 



M> 



8 

P 



Per 
Ton. 

d. 
1-60 



2 



2. 



6. 



SCOTCH RAILWAYS. 



355 



[55 & 56 Vict. cap. Ixi.] 

GREAT NORTH OF SCOTLAND RAILWAY 

COMPANY. 

[Note. — ^The Provisional Order containing the schedule applic- Short title, 
able to the Great North of Scotland Eailway Company may be 
cited as ** The Bailway Eates and Charges, No. 23 (Great North of 
Scotland Eailway) Order, 1892," and the Act confirming it as ** The 
Bailway Eates and Charges, No. 23 (Great North of Scotland Bail- 
way) Order Confirmation Act, 1892." 

Commencement of Order 1st Janiiary, 1893, or such later date Commenoe- 
as Board of Trade direct.] ^^^ 



MAXIMUM BATES AND CHABGES. 
PABT I.— Goods Aim Minbkals. 

(a) Rates and Terminals in respect of Merchandise 
comprised in Classes A. and B. 



i1 



"si 



A. 
B. 



ICazimuic Batbs roB Coxtbtancb. 



For Conmgnments, except as otherwise 
provided in the Schedule. 



For the first 
10 Miles, 

or any part 

of such 

Distance. 



Per Ton 
per Mile. 

d. 
1-75 

1-76 



For thenext' For the next 



10 Miles, 

or any part 

of such 

Distance. 



Per Ton 
per Mile. 

d. 
1-50 

1-50 



16 Miles, 

or any part 

of such 

Distance. 



Per Ton 
per Mile. 

d. 
100 

1-00 



For the 
remainder 

of the 
Distanoe. 



Per Ton 

per Mile. 

d. 
0-76 

0-76 



A a2 



^ 






1 

00 



Per 
Ton. 

8. d. 
3 

6 



HAXimnc Tbbmivals. 



Service Tenninala. 



Per 
Ton. 

8. d. 



I 

8 



Per 

Ton. 

8. d. 



6 



Per 
Ton. 

d. 



8 



Per 
Ton. 

d. 



A. 
B. 



354 



PROVISIONAL ORDERS— SPECIAL PROVISIONS. 



PAET I. — Goods and Minerals. 

. (a) Rates and Terminals in respect of Merchandise 
comprised in Classes A., B., and C. 



4 

J 

§1 



Mazivum Ratxs tob Cokyktavcb. 



For OoQBignmentB, exc^t as otherwise 
provided in the Schedule. 



A. 
B. 
0. 



For the 

fint 

10 Miles. 

or any part 

of such 
Distance. 



Per Ton 
per Mile. 

d. 
1-76 

200 

2-26 



For the 

next 

10 Miles, 

or any part 

of such 
Distuioe. 



Per Ton 
per Mile. 

d. 
1-26 

1-26 

1-76 



For the 

next 

16 Miles, 

or any part 

of such 

Distance. 



Per Ton 
per Mile. 

d. 
0-76 

100 

1-50 



For the 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 

d. 
0-60 

0-76 

1-25 



Maximum TsBMniAU. 



I 

OQ 



Per 
Ton. 

9. d, 

3 

6 

1 



Service Terminals. 



Per 
Ton. 

«. d. 



3 



te 



I 



Per 
Ton. 

«. d. 



3 



5 



Per 

Ton. 

d. 






Per 
Ton. 

d. 



B. 
O. 



I. 



(b) Rates and Terminals in respect of Merchandise 
comprised in Classes 1, 2, 3, 4, and 5. 






'^1 



1. 

2. 
3. 
4. 
6. 



Maximum Ratbs fob GoirvBTAircB. 



For Consignments, except as otherwise 
provided in the Schedule. 



For the 

flx«t 

ao MUes, 

or any part 

of such 

Distance. 


For the 
next 

80 Miles, 
or any part 

of such 
Distance. 


For the 

next 

fiOMUes, 

or any part 

of such 

Distance. 


Per Ton 


Per Ton 


Per Ton 


per Mile. 


per Mile. 


per Mile. 


d. 


d. 


d. 


2-26 


1-86 


1-40 


2-65 


2-30 


1-80 


3-10 


2-66 


200 


3-60 


3-15 


2-50 


4-30 


3-70 


3-25 



For the 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 

d, 
1-00 

1-60 

1-80 

2-20 

2-60 



Maximum Tsbmikalb. 



©•a 

'-Si 



Per 
Ton. 

«. d, 
1 6 

1 6 

1 6 

1 6 

1 6 



Service Terminals. 



Per 
Ton. 

«. d, 

5 

8 

1 
1 4 
1 8 



o 

I 



Per 
Ton. 

9. d. 

6 

8 

1 
1 4 
1 8 



I 



Per 
Ton. 

d, 
1-60 



► 

8 

a 

P 



Per 
Ton. 

d, 
1-60 

2 

2 

3 

4 



2. 
3. 
4. 
6. 



SCX)TCH RAILWAYS. 



[56 4 66 Yict. cap. Ixi.] 

GREAT NORTH OF SCOTLAND RAILWAY 

COMPANY. 

[Note. — The Provisional Order containing the ecliedule applic- Short Idtle. 
able to the Great North of Scotland Bailway Company may be 
cited aa " Tha Bftilway Bates and Charges, No. 23 (Great North of 
Scotland Sailway] Order, 1892," and the Act confirming it as "The 
Bailway Eatee and Charges, No. 23 (Great North of Scotlaitd Bail- 
way) Order Confirmation Act, 1892." 

Commencement of Order Ist January, 1893, or such later date Commenoe- 
as Board of Trade direct.] "'»*• 

MAXIUUM BATES AMD CHAB0E3. 



PAJBT I.— Goods ahd MmsaALa. 

(a) Rates and Torminala in respect of Merchandise 

comprifled in Classes A. and B. 



& 


lliimCU BlT» TOB CONYtTll'CI. 


HuimjiiTiUD'AU. 


prondtd in the Bcbsdnle. 


•i 

k 


8erTl«T«inlDal>. 




:er 


1 


1 


I 


P 


- 




^ 


Per 

Ton, 

.. d. 
3 

6 


Per 
Ton. 

>. d. 


Per 
Ton. 

: d. 


Per 

Ton. 

d. 


Per 
Ton. 


A. 

B. 



354 



PROVISIONAL ORDERS— SPECIAL PROVISIONS. 



PAET L — Goods and Minerals. 

. (a) Rates and Terminals in respect of Merchandise 
comprised in Classes A., B., and C. 



.Si 



A. 
B. 
0. 



HAZimm Ratxs vob Ck>irTKTAifcx. 



For Consignments, exc^t as otherwise 
proTided in the Schedule. 



For the 

first 

10 Miles, 

or any part 

of such 
Distance. 


For the 

next 

10 Miles, 

or any part 

of such 
Distance. 


For the 

next 

16 Miles, 

or any part 

of such 

Distance. 


Per Ton 


Per Ton 


Per Ton 


per Mile. 


per Mile. 


per Mile. 


d. 


d. 


d. 


1-76 


1-25 


0-75 


200 


1-25 


100 


2-26 


1-75 


1-50 



For the 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 

d. 
0-60 

0-76 

1-25 



Maximum Tbemikals. 



Is 



a 
o 

I 



Per 
Ton. 

s, d. 
3 

6 

1 



Service Terminals. 



^ 
f 



Per 

Ton. 

9. d. 



3 



te 



i 



Per 
Ton. 

s. d. 



3 



I 



Per 
Ton. 



P 



Per 
Ton. 

d. 



A. 
B. 
C. 



(b) Rates and Terminals in respect of Merchandise 
comprised in Classes 1^ 2, 3, 4, and 5. 



ii 



11 



Maximum Ratxs tob Gonvxtancb. 



For Consignments, except as otherwise 
provided in the Schedule. 



1. 
2. 
3. 
4. 
5. 



For the 

flnt 

20 Miles, 

or any part 

of such 
IMstanoe. 



Per Ton 
per Mile. 

d. 
2-26 

2-66 

310 

3G0 

4-30 



For the 

next 

90 Miles, 

or any part 

of such 
Distance. 



Per Ton 
per Mile. 

d, 
1-86 

2-30 

2-66 

316 

3-70 



For the 

next 

60 Miles, 

or any part 

of such 

Distance. 



Per Ton 
per Mile. 

d. 
1-40 

1-80 

200 

2-60 

3-26 



Maximum TRaMiMAu. 



-s 



For the 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 

d. 
1-00 

1-60 

1-80 

220 

2-50 






•43 

I 
QD 



Per 
Ton. 

«. d. 
1 6 

1 6 

1 6 

1 6 

1 6 



Service Terminals. 






Per 
Ton. 

9, d, 

5 

8 

1 

1 4 

1 8 



I 



Per 
Ton. 

«. d. 
6 

8 

1 
1 4 
1 8 



I 



Per 
Ton. 

d, 
1-60 



M> 



I 

P 



Per 
Ton. 

d. 
1-60 

2 

2 

3 

4 



2. 
3. 
4. 
6. 



SCOTCH RAILWAYS. 



355 



[55 & 56 Yict. cap. Ixi.] 

GREAT NORTH OF SCOTLAND RAILWAY 

COMPANY. 

[Note. — ^The Provisional Order containing the schedule applic- Short title, 
able to the Great North of Scotland Eailway Company may be 
cited as *' The Bailway Eates and Charges, No. 23 (Great North of 
Scotland Eailway) Order, 1892," and the Act confirming it as *' The 
Bailway Bates and Charges, No. 23 (Great North of Scotland Bail- 
way) Order Confirmation Act, 1892." 

Commencement of Order Ist Janiiary, 1893, or such later date Commence- 
as Board of Trade dii-ect.] "^«^*- 

MAXIMUM EATES AND CHAEGES. 
PAET L—GooDS AND Minerals. 

(a) Eates and Terminals in respect of Merchandise 
comprised in Qasses A. and B. 



i1 
il 

15.9 



s 



AU 



A. 

B. 



ICazdcum Ratbs for Contbtakgk. 



For Conaignments, except as otherwise 
provided in the Bchednle. 



For the first 
10 Miles, 

or any part 

of such 

Distanoe. 


For the next 
10 Miles, 

or any part 

of such 

Distanoe. 


For the next 
15 Miles, 

or any part 

of such 

Distance. 


Per Ton 


Per Ton 


Per Ton 


per Mile. 


per Mile. 


per Mile. 


d. 


d. 


d. 


1-75 


1-60 


1-00 


1-76 


1-60 


100 



For the 
remaindeT 

of the 
Distanoe. 



Per Ton 
per MUe. 

d. 
0-75 

0-76 
A a2 



'Si 



Per 
Ton. 

8. d. 
3 

6 



Maximum Tsbmikals. 



Berrioe Tenninala. 



Per 
Ton. 

«. d. 



^ 

c 



•a 



Per 
Ton. 

8, d. 



6 



Per 
Ton. 

d. 



Per 
Ton. 

d. 



A. 
B. 



354 



PROVISIONAL ORDERS— SPECIAL PROVISIONS. 



PAET I. — Goods and Minerals. 

. (a) Rates and Terminals in respect of Merchandise 
comprised in Classes A., B.^ and C. 



8^ 

•a o 

P 

8a 



A. 
B. 
C. 



Hazimum Rates vos CosmnrAxcB. 



For CooaignmaitH, except as otherwiw 
pronded in the Schedule. 



For the 

first 

lOMfles, 

or any part 

of soch 
Distance. 






Pep Ton 
perMUe. 

d. 
1-76 

2-00 

2-25 



For the 

next 

lOMfles, 

oranf part 

of such 
Distance. 



For the 

next 

16 Miles, 

or any part 

of savh 

Distance. 



Per Ton I Per Ton 
per Mile, per Mile. 



d. 
1-25 

1-26 

1-76 



d. 
0-76 

100 

1-60 



For the 
remaindeTi 

of the 
Distance. 



MAXmUM TSBMIXALa. 



18 






I 



§ 
1 



PerTonl Per 
per Mile. Ton. 



d, 
0*60 

0-76 

1-25 



s, d. 

3 

6 

1 



Service Tennhials. 



Per 
Ton. 

9. d. 



3 



o 



Per 
Ton. 

8. d. 



3 



a 



Per 
Ton. 

d. 



> 
8 



Per 
Ton. 

d. 



A. 

B. 
C. 



(b) Rates and Terminals in respect of Merchandise 
comprised in Classes 1, 2, 3, 4, and 5. 



» 



1. 

2. 
3. 
4. 

5. 



MAxnnTM Ratxs fob Coxtxtamcx. 



For Consignments, except as otherwise 
IiroTided in the Schedule. 



For the 

flnt 

aOMUes, 

or anyiMut 

of such 
Distance. 



Per Ton 

per Mile. 

d, 
2-26 

2*65 

310 

3-60 
4*30 



For the 
next 

30 Miles, 
or any part 

of sach 
Distance. 



Per Ton 
per Mile. 

d. 
1-86 

2-30 

2-66 

315 

3-70 



For the 

next 

60 Miles, 

or any part 

of such 

Distance. 



Maximum Txbmixals. 



Per Ton 
per Mile. 

d, 
1-40 

1-80 

200 

2*50 

3-25 



For the 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 

d, 
1-00 

1-60 

1-80 

2-20 

2-60 



-s 



% 

I 

GD 



Service Terminals. 



Per 
Ton. 

«. d, 

1 6 

1 6 

I 6 

I 6 

1 6 



Per 
Ton. 

9. d. 

6 

8 

1 



§ 



Per 
Ton. 

9. d. 

5 

8 

1 



14 14 



18 18 



Per 
Ton. 

d, 
1-60 



► 

8 

a 

P 



Per 
Ton. 

d. 
1-60 

2 

2 

3 

4 



3. 
4. 
6. 



SCOTCH BAILWAT8. 



355 



[55 & 56 Yict. cap. IzL] 

GREAT NORTH OF SCOTLAND RAILWAY 

COMPANY. 

[Note. — ^The Provisional Order containing the schedule applic- Short title, 
able to the Great North of Scotland Bailway Company may be 
cited as '* The Bailway Eatos and Charges, No. 23 (Great North of 
Scotland Railway) Order, 1892," and the Act confirming it as ''The 
SaUway Bates and Charges, No. 23 (Great North of Scotland Bail- 
way) Order Confirmation Act, 1892." 

Commencement of Order Ist Janiiary, 1893, or such later date Commence- 
as Board of Trade direct.] ^^^ 

MAXIMUM RATES AND CHARGES. 



PART I.— Goods ajstd Minerals. 



(a) Eates and Terminals in respect of Merchandise 
comprised in Classes A. and B. 



11 
l§ 
h 



A. 
B. 



Maxxmux Batxs roR Comtbtanck. 



For GoQsigziinents, exoept as ofherwise 
provided in the Bchednle. 



For the first 


For the next 


For the next 


10 Miles, 


10 Miles, 


16 Milefl, 


or any part 


or any part 


or any part 


of such 


of such 


of such 


Distance. 


Distance. 


Distance. 


Per Ton 


Per Ton 


Per Ton 


per Mile. 


per Mile. 


per Mile. 


d. 


d. 


d. 


1-75 


1-60 


100 


1-76 


1-50 


100 



For the 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 

d. 
0-75 

0-76 
A a2 



it 

CO 



Per 
Ton. 

t. d. 
3 

6 



HaZIIIUM TsRiaNALS. 



Berrioe Terminak. 



Per 
Ton. 

«. d. 



•a 





Per 
Ton. 

t. d. 



s 



Per 
Ton. 

d. 



8 



Per 
Ton. 

d. 



B. 



366 



PROVISIONAL ORDERS — SPECIAL PROVISIONS. 



(b) Rates and Terminals in respect of Merchandise 
comprised in Classes C, 1, 2, 3, 4, and 5. 



.9 



C. 

1. 
2. 
3. 
4. 
6. 



ILlxxmum Ratsb fob CoimTAircK. 



For ConngDinentB, ozoqyt aa ofherwifle 
provided in the Schedule. 



For ttie first 
SO Miles, 

or any part 

of such 

Diatanoe. 



Per Ton 
per Mile. 

d. 
1-80 

2-26 

2-76 

310 

3-75 

4-30 



For the next 

aOMdea, 

or any part 

of sach 


For the next 
SOMilea, 

or any part 

of auch 

Distance. 


Per Ton 


Per Ton 


per Mile. 


per Mile. 


d. 


d. 


1-60 


1-20 


1-90 


1-65 


2-35 


2-05 


2-80 


2-60 


3*35 


315 


3-90 


3*80 



Fbrthe 
remainder 

of the 
Distance. 



Per Ton 
per Mile. 

d. 
0-70 

1-35 

1-65 

210 

2-60 

3-00 






Per 
Ton. 

8. d. 
1 

1 6 

1 6 

1 6 

1 6 

1 6 



MAxmuK Tx&mxALB. 



Serrioe Tenninali. 



Per 
Ton. 

8. d, 

3 

6 

8 

1 
1 4 
1 8 



a 



•a 



Per 

Ton. 

8. d. 

3 

6 

8 

1 
1 4 
1 8 



6 



Per 
Ton. 

d. 
1 

1-60 



3 



8 

a 



Per 
Ton. 

d. 

1 

1-60 
2 
2 
3 

4 



2. 

3, 
4. 
5. 



SCOTCH RAILWAYS. 



367 



[55 A 56 Tict. cap. Izii.] 

HIGHLAND RAILWAY COMPANY. 

[Note. — The Proyisioiial Order contaisiiig the schedule applic- Short title, 
able to the Highland Bail way Company may be cited as ** The 
Bail way Bates and Charges, No. 24 (Highland Bailway) Order, 
1892," and the Act confirming it as **The Bailway Bates and 
Charges, No. 24 (Highland Bailway) Order Confirmation Act, 1892." 

Commencement of Order 1st January, 1893, or such later date Commmine- 
as Board of Trade direct.] °^** 



MAXIMUM BATES AND CHABGES. 
PABT I.—GooBS Aim MnnEBALs. 

(a) Rates and Terminals in respect of Merchandise 
comprised in Classes A., B., and C. 



u 

|i 
^5 



!.a . 



ftG 



A. 
B. 
C. 



Maximum Batks fob Covvbtancb. 



For Conngnments, ezoept as otherwiae 
provided in the Schedule. 



Fortheflnt 


Forfhenezi 


Forthenezt 




111 MileR, 


10 Milea, 


16 Mi]eii, 


For the 


or any pan 


or any part 


or any part 


remainder 


of >-uch 


fif such 


of such 


of the 


Distance. 


Dist«noe. 




Dibt<ince. 


Per Ton 


Per Ton 


Per Ton 


Per Ton 


per Mile. 


per Mile. 


per Mile. 


per Mile. 


d. 


d. 


d. 


d. 


1-76 


1-76 


0-75 


0-60 


2-20 


1-25 


100 


0-75 


2-26 


1-75 


1-60 


1-26 



•■o 

CD 



Per 
Ton. 



6 

1 



Mazimttm Tbbmhtali. 



Berrioe Tenninali. 



Per 
Ton. 



«. d. s. d. 

3 



3 



I 



Per 
Ton. 

9, d. 



3 



Per 

Ton. 

d. 



Per 
Ton. 

d, 

A. 

— B. 

0. 



358 



FKOVISIONAX OSDEBS — SPECIAL PROVISIONS. 



(h) Rates and Tenninals in respect of Merchandise 
comprised in Classes 1, 2, 3, 4, and 5. 



11 
-I 



3 0) 

"8.9 






1. 
2. 
3. 
4. 
6. 



Mazimux Batbb fob Contbtancb. 



For Conwigntnentg, except as otherwise 
provided in the Schedide. 



For the first 
20 Miles, 

or any part 

of each 

Distance. 


For the next 
ao Miles, 

or any part 

of such 
Distance. 


For the next 
60 Miles, 

or any part 

of sach 
Distance. 


For the 
remainder 

of the 
Distance. 


Per Ton 


Per Ton 


Per Ton 


Per Ton 


per Mile. 


perMUe. 


per Mile. 


per Mile. 


d. 


d. 


d. 


d. 


2-25 


1-90 


1-65 


1-35 


2-75 


2-36 


2-05 


1*65 


310 


2-80 


2-50 


2-10 


3-76 


3-35 


3-15 


2-60 


4-30 


3-90 


3-80 


3-00 



CD 



Per 
Ton. 

8. d. 
1 6 

1 6 

1 6 

1 6 

1 6 



Mazzmuv Tbbxihals. 



Service Terminals. 



I 



Per 
Ton. 

s, d, 

6 

8 

1 
1 4 

1 8 



bo 



Per 
Ton. 

s. d. 

5 

8 

1 
1 4 
1 8 



a 



Per 
Ton. 

d. 
1-50 



& 



Per 
Ton. 

d. 
1-50 

2 

2 

3 

4 



2. 
3. 
4. 
6. 



SCOTCH RAILWAYS. 359 



[55 & 56 Yict. cap. Iziii.] 

NORTH BRITISH RAILWAY COMPANY. 

[Note. — The Proyisioiial Order oontaining the schedule applic- Short title, 
able to the North British Railway Company may be cited as ** The 
Bailway Bates and Charges, No. 25 (North British Bailway, &c.) 
Order, 1892/' and the confirming Act as ** The Bailway Bates and 
Charges, No. 25 (North British Bailway, &c.) Order Confirmation 
Act, 1892." 

Commencement of Order 1st January, 1893, or such later date as Commenoe- 
Board of Trade direct.] "*«^*- 



Companies to which the North British Railway Com- 
pany^s schedule applies^ being the Appendix to 
the North British Railway Company^ schedule. 

The Anstnither and St. Andrew's Railway Com- 
pany, in respect of the Anstnither and St. Andrew's 
Railway, 

The Edinburgh and Bathgate Railway Com- 
pany, in respect of the Edinburgh and Bathgate 
Railway, 

The Eyemouth Railway Company, in respect 
of the Eyemouth Railway, 

The Forth and Clyde Junction Railway Com- 
pany, in respect of the Forth and Clyde Junction 
Railway, 

The Forth Bridge Railway Company, in respect 
of the Forth Bridge Railway, 

The Glasgow, Yoker and Clydebank Railway 



360 PROVISIONAL ORDERS — SPECIAL PROVISIONS. 

Company, in respect of the Glasgow, Yoker and 
Clydebank Railway, 

The Kilsyth and Bonnybridge Railway Com- 
pany, in respect of the Kilsyth and Bonnybridge 
Railway, 

The Newport Railway Company, in respect of 
the Newport Railway. 

MAXIMUM RATES AND CHAEGES. 

In calculating the distance over which mer- 
chandise is conveyed, and for all purposes of rates 
and charges, the Tay Viaduct is to be calculated 
as 12 miles 18 chains, and the Forth Bridge Rail- 
way as 14 miles 16 chains upon traffic between 
North British Stations south of the Tay on the 
one hand, and places 25 miles south and east of 
Ratho Junction, and 45 miles west of Ratho 
Junction on the other hand, and with regard to 
all other traffic as 23 miles 16 chains. 

The expression Forth Bridge Railway shall 
mean the railway commencing in the parish of 
Dalmeny, in the county of Linlithgow, by a 
junction with the Queensferry Branch of the 
North British Railway crossing by a bridge the 
Firth of Forth and terminating in the parish 
of Inverkeithing, otherwise Inverkeithing and 
Rosyth, in the county of Fife, by a junction with 
the Dunfermline and Queensferry Branch of the 
North British Railway. 

In calculating the distance over which mer- 
chandise is conveyed, and for all purposes of rates 



SCOTCH RAILWAYS — NORTH BRITISH. 361 

and charges, the Glasgow Tunnel Incline from 
Cowlairs to Glasgow is to be calculated as 3 miles 
20 chains, and the Thmshbush, Ballochney, and 
Causewayend Inclines on the Monkland Railways 
are to be calculated as 2 miles 16 chains, 1 mile 
68 chains, and 1 mile 89 chains respectively. 

In calculating the rates and charges leviable by 
the company in respect of merchandise traffic 
conveyed by means of the Carlisle Extension from 
Langholm to Hawick, or any place on the North 
British Railway northward or eastward of Hawick, 
or vice versdj such rates and charges shall be 
reckoned as if the distance between Langholm 
and Hawick were 25 miles and no more. 

Where the distance over which merchandise is 
conveyed consists in part of a line or lines of the 
company to which one scale, and in part of a line 
or lines to which another or more than one other 
scale of rates is applicable, the maximum charge 
for each such portion of the entire distance shall 
be calculated at the maximimi rate which, accord- 
ing to the scale applicable to such portion, would 
be chargeable for the entire distance. 

Nothing in this Order shall prejudice or affect 
the provisions and obligations contained in sections 
54, 55, and 76 of the North British Railway 
Consolidation Act, 1858, and section 43 of the 
Edinburgh and Glasgow Railway (Coatbridge 
Branch) Act, 1865. 

These sections wiU be found in Appendix B., po«t, p. 468. Sects. 
54 and 55 deal with obligations between the company and the gas- 
light company ; and sect. 76 with the carriage of dung and city 
manure at low rates for public bodies. 



362 



PROVISIONAL O&DE&S — SPECIAL FBOVISIONS. 



For the purposes of Scale IV., the distance between 
Edinburgh and Glasgow shall be taken as 42 miles, and 
the distance between Leith or Granton on the one hand 
and Glasgow on the other hand, shall be taken as 45 miles. 



PABT I. — Goods A3sm Mdte&als. 



Rates and Terminals in respect of Merchandise comprised 

in Classes A., B., and C. 

Scale I. — Applicable except as otherwise herein provided. 



si 

I. a 



p^ 



A. 
B. 
0. 



Maximux Batbb fob Cokvstangk. 



For GonsignmentB, eacoept as otherwiBe 
provided in the Schedule. 



For the 

first 

10 Miles, 

or any 

part 

of such 

Distance. 



Per Ton 
per Mile. 

1-76 
2-00 
2-25 



For the 


For the 


next 


next 


10 Miles, 


16 Miles, 


or any 


or any 


part 


part 


of such 


of such 


Distance. 


Distance. 


Per Ton 


Per Ton 


per Mile. 


per Mile. 


d. 


d. 


1-26 


0-76 


1*25 


1-00 


1-76 


1-60 



For the 
remainder 

of Uie 
Distance. 



Per Ton 
per Mile. 

d. 
0-60 

0-76 

1-25 



Station 
Termi- 
nals at 
each 
End. 



Per 
Ton. 

s, d, 
3 

6 

1 



MAZixnx TsBMnrALS. 



Service Tezininalfl. 



Per 
Ton. 

«. d. 



3 



I 



Per 
Ton. 

s, d. 



3 



Per 
Ton. 

d. 



I 

8 

a 

P 



Per 
Ton. 

d. 



B. 
C. 



SCOTCH RAILWAYS — NOKTH BRITISH. 



363 



Rates and Terminals in respect of Merchandise 

comprised in Class A. 

Scale II. — Applicable to the JRailwaye herein apectally mentioned. 



Stirling and Dimfermline Railwaj and Alloa 
Harbour Branch 



Ihinfeimline and Qneenaf erry Railway 
Glaagow and Coatbridge Railway 



Glasgow, Bothwell, Hamilton, and Coatbridge 
Railway 



Glasgow City and Bifitrict Railway 

Stobcross Railway ...«•.. 

Bridgeton Cross Railway 



Glasffow (Qneen Street) to Bi^op^riggs, 
.dading branches to Siffhtl " 
Ejoightswood, and Ruohill 



induding branches to Siehthill, Port Dundas, 



Oorstorphine Junction to Niddrie East and 
South JnnotionBy including the Edinborgh 
Suburban and Sonthside Junction Railway 
and its branches, except the branch from 
Duddingston Junotioa to St. LeonaxdB Station ^ 



mm 
Bates for 
Conveyance. 



Per Ton 

per Mile. 

d. 

1-60 



2-26 



Station 

TeTminal at 

eaohEnd. 



Per Ton. 
d. 
3 



3 



364 



PROVISIONAL ORDERS — SPECIAL PROVISIONS. 



Kates and Terminals in respect of Merchandise comprised 

in Classes C, 1, 2, 3, 4, and 5. 

Scale m, — Applicable except as otherwUe herein provided. 






n 

«8 






II 

^■^ 
as 

sa 



1. 

2. 
3. 
4. 
6. 



Maximum Ratxs fob Cokvxtakck. 



For Consignments, except as otherwise 
provided in the Schedule. 



For the 

flnt 

aOMUm, 

or any part 

of such 

Distance. 


For the 
next 

80 Miles, 
or any i>art 

of such 
Distance. 


For the 
next 

60 Miles, 
or any part 

of such 
Distance. 


Per Ton 
per Mile. 


Per Ton 
per Mile. 


Per Ton 
per Mile. 


d. 
2-26 


d, 
1-85 


d, 
1-40 


2-65 


2-30 


1-80 


310 


2-66 


2-00 


3-60 


315 


2-50 


4.30 


3-70 


8-25 



For the 
remuinder 

of the 
Distance. 



Per Ton 
per Mile. 

d, 
100 

1-60 

1*80 

2-20 

2*60 



Maximum Tkbmivals. 



•a*^ 



S 

§* 
a ^ 



Per 
Ton. 

t. d. 

1 6 

1 6 

1 6 

1 6 

1 6 



Service Tenninalt. 



te 



Per 
Ton. 

9. d. 

5 

8 

1 
1 4 
1 8 



g 



Per 
Ton. 

«. d. 
6 

8 

1 
1 4 
1 8 



► 

6 



Per 
Ton. 

d, 
1-50 

2 



Per 
Ton. 

d, 
1-60 



8 



2. 
8. 



Scale IV. — Applicable to the conveyance of Merchandise between the following places, 
viz, : Edinburgh^ Leith, or Grantham on the one hand, and Glasgow on the other hand. 



a 






0. 

1. 

2. 
3. 
4. 
6. 



Maximum Rates fob 
coxvevancb. 



For Con^ignment8, 

except as 

othen»iHe provided 

in the 

Schedule. 



Per Ton per Mile. 

d, 
1-40 

1-50 

1-90 

1-90 

2-0 

2-25 



Maximum Txemixals. 



Station 

Terminal 

at eHch 

End. 



Service Terminals. 



Per Ton. 

s. d. 

1 

1 

1 

1 

1 

1 6 



Loading. 



Per Ton. 

«. d. 
3 



6 

8 

1 
1 4 
1 8 



Unloading. 



Covering. 



Unoovering. 



Per Ton. 

t. d. 

3 

6 

8 

1 
1 4 
1 8 



Per Ton, 

d, 
1 

1-60 

2 

2 

3 

4 



Per Ton. 

d. 
1 

1-60 

2 

2 

3 

4 



C. 
1. 
2. 
3. 
4. 
6. 



365 



^lA$$itiCAtUm 



OF 



MERCHANDISE TRAFFIC. 



Where in this List the letters " e.o.li.p." are placed after the designation of 
any Article they mean ^^ except otherwise herein provided^ 



Class A. 
Applicable to Consignments of Foue Tons and upwards. 



Basic slag, unground. 

Cannel. 

Chalk in the rough, for agricultural 
purposes. 

Cinders, coal. 

Clay, in bulk, e.o.h.p. 

Coal. 

Coke. 

Coprolites and rock phosphate, un- 
ground. 

Creosote, coal-tar, gas-tar, gas- 
water, in owners' tank waggons. 

Culm. 

Gknnister. 

Gas-lime or gas purifying refuse. 

Ghravel. 

Hammer scale. 

Iron ore. 



Iron-pyrites, unbumt and burnt. 
Ironstone. 
Limestone, in bulk. 
Manganiferous iron ore, for iron 

making. 
Manure, street, stable, farmyard, 

in bulk. 
Night soil. 
Purple ore. 
Sand. 
Slack. 

Slag or scoria, blast furnace. 
Stone and undressed material, for 

the repair of roads. 
Stone, wholly undressed straight 

from a quarry. 
Tap or mill cinder. 
Waste sulphate of lime. 



When merchandise specified in Class A. is consigned in quantities of 
less than four tons and not less than two tons, the company may charge 
for such consignment the conveyance rates applicable to Class B., and if 
less than two tons the conveyance rates applicable to Class C. ; provided 
that the company shall not charge more than as for a consignment of four 
tons or two tons respectively. 



366 



PROVISIONAL ORDERS OF THE BOARD OF TRADE. 



Class B. 
Afplioable to Consignments of Four Tons and upwards. 



Alabaster stone, in lumps, iin- 
ground. 

Ammoniacal liquor. 

Antimony ore waste. 

Asplialte paving, in blocks. 

Barytes, raw, in bulk. 

Basic material, burnt limestone, in 
bulk, to steel converters. 

Basic slag, ground, packed. 

Blooms, billets or ingots, iron or 
steel. 

Bog-ore, for gas purifying. 

Bricks, clay, common and fire. 

Bricks, crushed. 

Cement, in blocks or slabs. 

Cement stone. 

China clay. 

Coal fuel, patent. 

Compost, for manure. 

Concrete, in blocks or slabs. 

Copperas, green, in bulk. 

Coprolites and rock phosphate, 
ground. 

Creosote, coal-tar, gas-tar, gas- 
water, e.o.h.p. 

DrafE, or brewers' and distillers' 
grains. 

Ferro-manganese, in bulk. 

Furnace lumps. 

Furnace scrapings. 

Gas-carbon. 

Granite, in blocks, rough or un- 
dressed. 

Gravel, tarred, for paving. 

Gypsum, for manure. 

Gypsum stone, in lumps, unground. 



Iron and steel. 

The following articles of iron or 

steel : — 
AnviU. 

Bar, iron or steel, exceeding 
1 cwt. per bar, in open trucks 
at request of trader. 
Bars, for tin-plate making. 
Buoy sinkers. 
Cannon balls and shot, and shells 

not charged. 
Clippings, shearings, and stamp- 
ings of sheet iron and tin 
plates, in compressed bundles. 
Filings. 
Ingot moulds. 
Platesr— 

Open sand, cast. 
Scrap, Tninimum load four tons 

per truck. 
Swarf. 

Wire rope, old, cut in pieces. 
Iron-ore refuse for gas purifying. 
Kainit. 

Lead ashes, in bulk. 
Lime, in bulk. 
Litter (moss or peat), hydraulic or 

steam press-packed. 
Loam. 

Manganese ore. 
Mangel wurzel, in bulk, for feeding 

cattle. 
Manure (other than street stable 

and farmyard), in bulk. 
Peat. 
Pig-iron. 



CLASSIFICATION OF MERCHANDISE TRAFFIC. 



367 



Class B. — continued. 

Pipes, draining, common, for agri- 
cultural draining. 

Fitch, coal tar, in blocks. 

Plaster- stone, in lumps, imground. 

Potsherds. 

Puddled bar, iron. 

Quarls. 

Bock-salt. 

Salt, in bulk. 

Skimmings, flux, lead, tin, or zinc. 

Slates, common. 

Slate slabs, in the rough, or roughly 
squared or planed, not packed. 



Spiegeleisen, in bulk. 

Stone, in the rough state, building, 

pitching, paving, kerb or flag. 
Sud-cake manure. 
Sugar-scum, for manure. 
Sulphate of potash. 
Sulphur ore. 
Tan or spent bark. 
Tiles, paving, draining, roofing, or 

garden edging, common. 
Turf. 

Turnips, in bulk, for cattle feeding. 
Zinc ashes. 
Zinc ore. 



Spar, in the rough, in bulk. 

When merchandise specified in Class B. is consigned in quantities of 
less than four tons and not less than two tons, the company may charge 
for such consignment the conveyance rates applicable to Class C, and if 
less than two tons the conveyance rates applicable to Class 1 ; provided 
that the company shall not charge more than as for a consignment of four 
tons or two tons respectively. 



Class 0. 
Affijoable to Consignments of Two Tons and ttfwabds. 



Acetate of lime. 

Algarovilla. 

Algerian fibre, hydraulic or steam 

press packed. 
Alum. 
Alum cake. 
Alum waste. 

Alumina, hydrate of, or bauxite. 
Alumina water. 
Aluminoferric. 
Aluminosilio. 
Antichlorine. 
Antimony ore. 
Arseniate of soda. 



Arsenic. 

Asphaltum. 

Barium, chloride of, in casks. 

Bark for tanning, chopped, packed 

in bags, or hydraulic pressed. 
Barley, pot and pearl. 
Bar3rtes, ground, in casks or bags. 
Bicarbonate of soda, in casks. 
Bisulphite of soda. 
Blanc-fixe (ground barytes with 

water added, for glazing paper). 
Bleaching powder. 
Blood, for manure, in casks. 
Bobbin blocks. 



368 



PROVISION AI* ORDERS OF THE BOARD OF TRADE. 



Class 0. — continued. 
Bone ash. 

Bone waste. 

Bones, calcined. 

Bones, for size or manure. 

Break blocks. 

Bricks, clay, glazed, or enamelled. 

Bricks, flanders or scouring. 

Brimstone, crude or unmanufac- 
tured. 

Burrstones. 

Cabbages, loose, in bulk. 

Cake, for cattle feeding. 

Carbonate of lime. 

Carbonate of soda, or soda crystals. 

Carrots. 

Caustic soda. 

Cement, e.o.h.p. 

Chair bottoms, wooden, in tbe rough. 

Chalk, ground. 

Charcoal, packed. 

Chertstone. 

China grass, hydraulic or steam 
press packed. 

China stone. 

Chloride of calcium. 

Chromate ore. 

Clay, in bags or casks. 

Clips, cotton tie, packed. 

Clog blocks, rough. 

Copper ore. 

Copperas, gpreen, e.o.h.p. 

Cotton waste, for paper making, 
hydraulic or steam press packed. 

CuUet (or broken glass). 

Cutch. 

Divi divi. 

Dog, hen, and other pures or bates, 
in barrels or bags. 

Drain pipes, glazed. 

Dross, metal. 



Dyewoods — 
Barwood. 
Fustic wood, 
lima wood. 
Logwood. 
Nicaragua wood. 

Earth, red. 

Earth nuts, or ground nuts. 

Emery stone. 

Ensilage. 

Esparto grass, hydraulic or steam 
press packed. 

Extracts, in casks or boxes, for 
tanners' use. 

Farina, e.o.h.p. 

Felloes, naves, and spokes. 

Fenugreek seeds. 

Flax, straw, hydraulic or steam 
press packed. 

Flax waste, for paper making, hy- 
draulic or steam press packed. 

Fleshings and glue pieces, wet, 
from tanners, in casks. 

Flints, e.o.h.p. 

Flour. 

Flue linings, or flue pipes, fire- 
clay. 

Forgings, iron or steel, in the rough, 
e.o.h.p. 

Fullers' earth. 

Furniture vans, returned empty, if 
from the same station and con- 
signee to which and to whom 
they were carried full to the 
same station and consignor from 
which and from whom they were 
carried full. 

Gambler and terra japonica. 

Glass, ground. 

Glaze, potters', in casks. 



CLASSIFICATION OF MERCHANDISE TRAFFIC. 



369 



Class C. — continued . 
Ghrain — 

Barley. 

Beans, e.o.h.p. 

Bran. 

Brank or buckwheat. 

Dari. 

Dills. 

(Croats. 

Gurdgeons. 

Hominy. 

Indian com. 

Lentils. 

Linseed. 

Locusts or cliarubs. 

Maize. 

Malt. 

Malt culms or cummings. 

Meal. 

Middlings. 

MiUet. 

Oat dust. 

Oats. 

Peas, dried or split. 

Pollards or thirds. 

Bice points or husks. 

Eye. 

Sharps or ueconds. 

Shelling. 

Shudes. 

Tares. 

Vetches. 

Wheat. 
Orindstones, in the rough. 
Qrit in bags (for sawing stone). 
Guano. 

Ghiide plates or ramps, iron or steel. 
Gypsum, e.o.h.p. 
Hay, hydraulic or steam press 

packed. 
Heads andBtayes,prepared,f or casks. 

1). 



Hoof and horn waste, e.o.h.p. 
Horn piths or sloughs. 
Horse-shoe bars, iron. 
Hygeianrock building composition, 

in bags or casks. 
Infusorial earth or diatomite. 
Iron and steel, the following arti- 
cles of : — 
Anchors. 

Angle bars, or plates. 
Anvil blocks and cups. 
Anvils, hammers, and standards, 

for steam hammers. 
Axle box guides, in the rough, 

for locomotives. 
Axle forgings, in the rough. 
Axles, in the rough. 
Axles and wheels (railway car- 
riage, railway waggon, tram, 

or corve). 
Bar, e.o.h.p. 
Beams. 
Bearers. 
Binders. 
Bolts and nuts. 
Boot protectors. 
Bridgework — 

Cantilevers. 

Gross and longitudinal girders. 

Floor plates. 

Girders, whole or in part. 

Joists. 

Lattice bars. 

Screw and other piles, both 
hollow and solid. 

Struts and ties. 
Bundles of bars. 
Caissons. 
Cart bushes. 
Chain cables. 

BB 



370 



PROVISIONAL OUDERS OF THE BOARD OF TRADE. 



Class C. — continued. 
Iron and steel — continued. 

Chains and traces, not packed. 

Colliery tubbing. 

Columns. 

Corrugated iron. 

Crowbars. 

Curbing, for roadways. 

Cylinders, not turned, drilled, 
planed or slotted. 

Engine bed plates. 

Ferro-manganese, e.o.h.p. 

Galyanised iron. 

Gasometer sheets. 

Girders. 

Girder bars. 

Granulated iron. 

Gratings (man-hole, drain, pave- 
ment, area, or floor). 

Hammer heads, in the rough. 

Heater bottoms. 

Helves, or tilt hammers. 

Hoop iron. 

Hoop steel. 

Hoops, iron. 

Hoops, weldless, in the rough. 

Horn blocks, in the rough, for 
locomotives. 

Housings, chocks, standards, 
plain bed plates, pinions, coup- 
ling boxes, and spindles, for 
rolling mills. 

Lamp posts. 

Mortar null rolls. 

Nail rods and sheets. 

Nails and spikes. 

Pickblocks or pickheads, in the 
rough. 

Pipes (exclusive of rain water 
pipes), gas, water, air, and 
steam. 

Pipes, for blast furnaces. 



Iron and steel — continued. 
Plates- 
Annealing. 
Armour. 

Black, in boxes, or not packed. 
Boiler. 
Furnace. 

Hoe-head, in the rough. 
Plough, in the rough. 
Bailway flsh. 
Bough flooring. 
Ships. 
Shovel. 
Tank. 

Press tops and bottoms, un- 
finished. 

Eailway carriage and waggon 
work. 

Bailway chairs. 

Bailway points, crossings, or 
joints. 

Bailway rails. 

Betorts, retort lids, and retort 
mouthpieces, in the rough. 

Bivets. 

Bods, common. 

Bods (wire), rolled, not drawn. 

Bolls, turned or unturned, not 
polished or packed. 

Boofwork — 

Bed plates. 

Gutters. 

Bafters. 

Struts and ties or tie rods. 

Tun shoes for principals. 

Wind ties — 
Principals. 
Purlins. 

Wrought or cast iron sky bars. 
Scrap, minimimi load, three tons 

per truck. 



CLASSIFICATION OF MERCHANDISE TRAFFIC. 



371 



Class C, — continued. 
Iron and steel — continued. 

Shafts, for driying niill wheels, 
unfinished. 

Sheet iron, not packed. 

Shoe tips. 

Sleepers. 

Spiegeleisen, e.o.h.p. 

Standards for hurdles, packed. 

Strips, not packed. 

Telegraph posts. 

Telegraph stores — 

Black iron (cast) ridge chairs. 

Galvanised and blacked earth 
plates, in bundles. 

Galvanised and blacked iron 
loop rods. 

Galvanised and blacked screw 
tighteners, packed. 

Galvanised and blacked stay 
rods, in bundles. 

Galvanised and blacked stay 
tighteners. 

Iron poles, roofs or caps. 

Malleable cast iron brackets, 
galvanised, packed. 

Tiles (roofing), painted, galva- 
nised, or enamelled. 

Tip iron. 

Trawl heads. 

Trunnions, unfinished. 

Tubes and fittings for tubes (ex- 
cept electro-coppered or coated 
with brass). 

Tyres and tyre bars, in the rough. 

Wall boxes. 

Wall brackets. 

Weights. 

Wire (iron), not packed or wrap- 
pered. 

Wire iron, rolled in rods or coils, 
not packed. 

Wire (steel), not packed or wrap- 
pered. 



Keel bars. 

Lead ore. 

Lime, e.o.h.p. 

Lime salt. 

Linen waste, for paper-making, hy- 
draulic or steam press packed. 

Magnesia, rough oxide of, in cases 
or casks. 

Mag^iesium, chloride of, in casks. 

Manganate of soda, crude, in casks. 

Mangel wurzel, e.o.h.p. 

Manure, e.o.h.p. 

Marble, in blocks, rough. 

Marble chips, for pavement, in 
sacks. 

Megass, hydiaulic or steam press 
packed. 

Mexican fibre, hydraulic or steam 
press packed. 

Millstones, in the rough. 

Mineral white. 

Moulders black or dust. 

Muriate of manganese. 

Muriate of potash. 

Myrabolams. 

Netting, old, for paper making. 
Nitrate of soda. 
Nitre cake. 

Ochre. 

Oil cake. 

Old sails and old tarpaulins, for 

paper making. 
Oxide of iron. 

Palmetto leaf, hydraulic or steam 

press packed. 
Parsnips. 

Pearl hardening, for paper making. 
Pelts, wet, from tanners, in casks or 

bags. 
Pig lead. 



bb2 



372 



PROVISIONAL ORDERS OF THE BOARD OF TRADE. 



Class 0. — continued. 
Pins, iron or steel. 

Kpe clay. 

Pitch, e.o.h.p. 

Pitwood, for mining purposes. 

Plaster. 

Ploughsliares, iron or steel, in the 
rough. 

Plumbago ore. 

Posts, iron or steel, for wire fencing. 

Potatoes, in bulk or in sacks. 

Pots, iron, for melting iron. 

Pjrites, e.o.h.p. 

Bags, not oily, hydraulic or steam 
press packed. 

Bailway cotters. 

Bailway keys, wooden. 

Bailway waggons, and other rail- 
way vehicles, e.o.h.p., loaded in 
other waggons. 

Bice. 

Bidges (cement or stone), for roof- 
ing. 

Bidges, slate. 

Bopes, old, for paper making. 

Sago flour. 

Salt, packed. 

Salt cake. 

Sand, glass and silver. 

Sanitary tubes. 

Sawdust. 

Scouring rock. 

Screw propeller blades. 

Scrows, wet, from tanners, in casks. 

Seeds, for crushing for oil. 

Shafts of screw propellers or paddle- 
wheels, iron or steel. 

Shakings from cotton miUs, for 
paper making. 

Shumac. 

Silicate of soda. 



Slag, glass (refuse from glass 

works). 
Slate, g^und for cement. 
Slummage. 
Soapstone. 
Soda. 
Soda ash. 
Sole bars, wooden. 
Sole plates, iron or steel, for steam 

hammers. 
Soot. 

Spar, ground. 
Spelter, in plates or ingots. 
Spetches, wet, from tanners, in 

casks. 
Sticks, pea and bean. 
Stone, sawn or roughly wrought up, 

such as troughs or sinks. 
Straw, hydraulic or steam press 

packed. 
Stucco, g^und. 

Sugar mats, old, for paper making. 
Sulphate of alumina. 
Sulphate of ammonia. 
Sulphate of copper, for export in 

10 -ton lots. 
Sulphate of iron. 
Sulphate of lime. 
Sulphate of magnesia. 
Sulphate of soda. 

Sulphur, crude or unmanufactured. 
Targets, iron or steel. 
Terra alba. 

Terra cotta blocks and bricks. 
Tiles, e.o.h.p. 

Timber, actual machine weight. 
Tow waste, hydraulic or steam press 

packed. 
Trenails. 
Troughs, earthenware and fire-clay. 



CLASSIFICATION OF MERCHANDISE TRAFFIC. 



373 



Class C — continued. 
Turnips, e.o.h.p. 

Turn-tables, in parts. 

Umber. 

Yalonia. 

Vegetable tar. 

Washers, iron or steel. 

Waste paper, for paper making. 

Wliiting and whitening. 

Wire (of iron or steel, including 
tinned or galvanised), in wrapped 
coils, or not otherwise packed. 

Wolfram. 



Wood fibre, hydraulic or steam 

press packed. 
Wood pulp or half -stuff . 
Wood turnings, for fish-curing. 
Wooden blocks, for paving. 
Wooden boxes, for packing tin 

plates. 
Zinc, white, or oxide of zinc. 
Zinc, carbonate of. 
Zinc ingots or plates. 
Zinc sheets or rods. 



When merchandise specified in Class C. is consigned in quantities of 
less than two tons, the company may charge for such consignment the 
conveyance rates applicable to Class 1 ; provided that the company shall 
not charge more than as for a consignment of two tons. 



Class 1. 



Acetate of lead or sugar of lead. 

Acetate of soda. 

Acorns. 

Ale aiid porter, in casks. 

Ale and porter, bottled, in cases or 

casks. 
Algerian fibre, machine pressed. 
Anthracene, crude, in casks. 
Ashes, pot and pearl. 
Axles and wheels, locomotive engine 

and tender. 
Bagging, old, in bundles, for paper 

making. 
Bags, paper, in bags or bundles. 
Barilla. 

Bark, loose, for tanning. 
Bars, roller, and bed plates for 

pulling rags. 



Beds and cylinders of steam engines. 
Benders (for rails) or jim crows. 
Bichrome and bichromate of potash 

in casks. 
Bichromate of soda, in casks. 
Birch or ling, for besoms. 
Biscuits, dog, in bags or casks. 
Bisulphite of lime. 
Black oil or black varnish, common, 

in casks. 
Blistered steel. 
Bloom trucks. 
Boards and rollers (wooden) for 

drapers' cloth and for folding 

paper. 
Bogies, puddlers' tap. 
Bolt and nut machines. 
Bones, packed. 



374 



PROVISIONAL ORDERS OF THE BOARD OF TRADE. 



Class 1 — continued. 
Boring, drilling, planing, punching, 

Bhcttring, and slotting machines 

(for metal work), including beds 

and tables. 
Bottles and bottle stoppers, glass, 

black, green, or pale, common, 

packed. 

Boundary posts (street), iron. 

Box iron beaters. 

Brattice clotb. 

Brick-making machinery. 

Bricks, air, cast-iron. 

Broom and brush heads and blocks, 
wooden, without hair. 

Builders' implements, not new, and 
consisting of mixed consignments 
of the following : — 

Barrows. 

Centerings. 

Crab winches. 

Hoists. 

Mortar boards. 

Mortar mills. 

Poling boards. 

Pulleys. 

Eopes. 

Scaffold boards. 

Steps. 

Struts. 

Trestles. 

Wheeling pieces. 

"Wheeling planks. 

Windlasses. 

Bullets, small-arm. 

Buttermilk. 

Cabbages, e.o.h.p., minimum 20 
cwt. per wagfi^on. 

Candles, paraffin, tallow, and stea- 
rine. 

Cannon. 

Capstan bars. 



Capstans and windlasses. 

Carbonate of ammonia, in casks or 
iron drums. 

Carbonate of potash, in casks. 

Cardboard. 

Castings (iron or steel), light, in 
boxes, crates, cases, casks, or 
hampers. 

Castings, mill, forge, and other 
rough and heavy unfinished cast- 
ings, iron or steel. 

Castor oil, for lubricating machi- 
nery, in tins, packed in wooden 
cases. 

Caustic potash. 

Chaff, hydraulic or steam press 
packed. 

Chairs and seats, garden, in parts, 
packed in cases. 

Charcoal, e.o.h.p. 

Chestnuts. 

Chestnuts, extract of, for tanning 
purposes. 

Chimney pieces, slate, not enamelled 

nor polished. 

Chimney pots, earthenware or fire- 
clay. 

China g^ass, machine pressed. 

Chloride or muriate of zinc. 

Cider and perry, not bottled, in 
casks. 

Cider and perry, bottled, in cases 
or casks. 

Clips (iron) for boxes. 

Clog irons. 

Clog soles. 

Cloth oil and wool oil. 

CodiUa, in bales, hydraulic or steam 
press packed. 

Cones, fir, in sacks or bags. 

Copper procipitnto. 



CLASSIFICATION OF MKKCUAMDTSK TBAFFfC. 



376 



Class 1 — continued. 
Copper regidus. 

Copperas, e.o.h.p. 

Copra (or oil pulp of cocoanut), 
dried. 

Cotton, raw, in press-packed bales. 

Crab winches. 

Cryolite. 

Disinfecting powder. 

Distilled water, in cases or casks. 

Doors and door frames, iron or steel. 

Drums, iron or steel, for collieries. 

Dunnage mats. 

Dye liquor refuse, from print or 
dye works. 

Dye woods, e.o.h.p. 

Dye woods ground, in chips, in bags. 

Esparto grass, machine pressed. 

Extract of bark or wood, for tan- 
ning. 

Farina, calcined. 

Felt, asphalted roofing, or tarred 
felt, or tarred sheathing. 

Fencing standards, iron, in concrete 
blocks. 

Fern, for litter or packing, hy- 
draulic or steam press packed. 

Firewood, in bundles. 

Fish- 
Cod and ling, dried. 
Cod and ling, thoroughly cured 

in brine. 
Herrings, thoroughly cured in 

brine. 
Red herrings, thoroughly cured. 
All other fish, thoroughly salted 

or dried. 
Cockles, limpets, mussels, whelks, 
and periwinkles. 

Flax, in bales, minimum GO cwt. 
per waggon. 



Flax straw, machine pressed. 

Flax waste, for paper making. 

Fleshings and glue pieces, dry, in 
casks and bags. 

Fleshings and glue pieces, wet, 
from tanners, not packed. 

Flower sticks, wooden or cane, 
common. 

Frames and bed plates, iron or 
steel, for timber sawing, boring, 
morticing, or planing machinery. 

Frames, iron or steel, for targets. 

Fruit, minimum 20 cwt. per wag- 
gon- 
Apples. 
Gooseberries. 
Pears. 

Fruit pulp, in casks. 

Fuel economisers, iron or steel. 

Ginger beer, in cases and casks. 

Glass blocks, for pavement (fitted in 
iron frames). 

Glucose. 

Glue. 

Goat skins, thoroughly salted or 
dry, in bales or bundles. 

Granite, polished or dressed, in 
blocks or slabs, exceeding 2 in. 
in thickness. 

Grates, wooden or wrought iron, for 
purifying gas. 

Grease, in casks. 

Greaves. 

Hair, wet, from tanneries. 

Handles, broom, mop, rake, fork, 

spade, shovel, hammer, and pick. 
Handspikes, wooden. 
Haricot beans. 
Hay, machine pressed, minimum 

40 cwt. per waggon. 

Headstocks, iron or steel, for col- 
lieries. 



376 



PROVISIONAL ORDERS OF THE BOARD OF TRADE. 



Class 1-^continued. 
Hemp in bales, hydraulic or steam 

press packed. 
Hemp seed. 

Hemp waste, for paper making. 
Hide cuttings. 
Hides, thorouglily salted or dry, in 

bales or bundles. 
Hoofs, boms, and bom tips, buffalo, 

cow, goat, ox, and sbeep, packed. 
Horns, with slough. 
Horse shoes. 

Hurdles, iron or wood, e.o.h.p. 
Hydraulic machinery and presses. 
Iron and steel, the following articles 
of:— 

Axle boxes. 

Dredger buckets and bucket backs. 

Malt kiln flooring (iron wire), 
packed in cases. 

Pans, annealing. 

Plates — 
Canada. 

For glass rolling. 
Tin. 

Bailway buffers, buffer heads, 
rods and sockets. 

Bailway springs. 

Bailway spring steel. 

Bings. 

Scrap, e.o.h.p. 

Smith's hearths. 

Standards for hurdles, not packed. 

Tinned iron, in sheets, not packed. 

Tram couplings. 

Traps, sink and stench. 
Jute. 

Jute waste, for paper making. 
Kelp. 
Kips, thoroughly salted or dry, in 

bales or bundles. 



Ladders, iron. 

Ladles, puddlers'. 

Lasts, iron. 

Lathe beds. 

Lead ashes, in bags. 

Lead piping, in cases or casks. 

Leather cuttings or parings, waste. 

Lemon peel and citron peel. 

Lime water in casks. 

Linen waste, for paper making. 

Litharge. 

Malleable iron castings. 

Marble chip pavement. 

Megass, machine pressed. 

Mexican fibre, machine pressed. 

Millboard. 

Mineral and aerated waters, in cases 

and casks. 
Molasses. 
Mortar mills. 
Muriate of ammonia. 
Mustard seed. 

Nail (iron) cutting machines. 
Nitrate of lead. 

Oil cloth cuttings, for paper making. 
Oils, not dangerous, in casks or iron 
drums, round or tapered at one 
end, as follows : — 

Carbolineum avenarius. 

Castor. 

Cocoanut. 

Cod. 

Cod liver. 

Colza. 

Cotton seed. 

Earth nut or ground nut. 

Haddock. 

Herring. 

Lard. 

Lineeed. 



CLASSIFICATION OF MERCHANDISE TRAFFIC. 



377 



Class 1 — continued. 
Oils — contin ued. 

Labricatmg mineral. 

Menhadden. 

Niger. 

Oleic. 

Oleine or tallow. 

Palm. 

Palm nut. 

Pine. 

Bape seed. 

Bosin. 

Seal. 

Shale, crude. 

Soap. 

Sod. 

Sperm. 

Tar, mineral. 

Train. 

Whale. 

Wool or cloth. 

Old or scrap lead. 

Onions. 

Orange peel. 

Osiers, twigs, and wiUows, green 
and wet. 

Palmetto leaf, machine pressed. 

Paper, for news printing, packing, 
or wrappering. 

Paper, in roUs for printing paper 
hangings. 

Paraffin scale. 

Paraffin wax. 

Pasteboard. 

Pelts, wet, from tanners, not packed. 

Piassava, hydraulic or steam press 
packed. 

Pickblocks or pickheads, iron or 
steel, e.o.h.p. 

Pigs, dead, in carcase not packed or 
wrapped, carried in open wag- 
gons at traders* request. 



Pipes, air, for ventilators. 

Pit cages. 

Plaster slabs, fibrous. 

Plate or sheet iron, annealed. 

Plough arm and share moulds and 

moulding, iron or steel. 
Plough bodies, breasts, colters, side 

caps, frames, or rests, iron or 

steel. 
Plough plates, finished, iron or 

steel. 
Plough shares, finished, iron or 

steel. 
Plough slades and wheels, iron or • 

steel. 
Provender, green. 
Provender, horse or cattle, hydraulic 

or steam press packed. 
Pumice stone. 
Pumping machines. 
Pumps (except hand pumps, brass), 

and pump castings, e.o.h.p. 
Punching bears. 
Putty, e.o.h.p. 
Bags, not oily. 
Bed lead. 
Betorts, clay. 
Betorts, fire brick. 
Biveting machines. 
Bod lead. 

Boilers, garden or hand. 
Bosin. 

Botten stone. 
Saccharine, in casks, bags, pails, 

or cans. 
Sad irons, packed. 
Salammoniac. 
Saltpetre. 

Sawing machines, for sawing iron. 
Scrap tin. 



378 



PROVISIONAL ORDERS OF THE BOARD OF TRADE. 



Class 1 — continued. 
Screw jacks, iron. 

Screws, dry, in casks or bags. 

Screws, wet, from tanners, not 
packed. 

Scythe stones. 

Seal pipes or valves, iron or steel. 

Shafts, wrought iron, for driving 
miU wheels, finished. 

Sheep dipping powder. 

Sheepskins, in casks and thoroughly 
salted, or dry in bales or bundles. 

Sheep wash. 

Sheet lead. 

Ships' stern or rudder frames. 

Shot, lead, in bags, packed in cases. 

Shovel plates, iron or steel, finished. 

Silicate cotton or slag wool, in casks 
or bag^. 

Sink traps, earthenware or fireclay. 

Sinks, earthenware or fireclay. 

Size, in cases or casks. 

Skid pans or waggon slippers, iron. 

Slate slabs, not polished or ena- 
melled, in cases. 

Soap. 

Solder. 

Spade trees. 

Spelter sheets, in casks or cases. 

Spetches, dry, in casks or bags. 

Spetches, wet, from tanners, not 
packed. 

Spile pegs. 

Stampings, iron or steel, rough, 
imfinished, not tinned or galva- 
nised. 

Staples, iron. 

Steam hammers. 

Stearine. 

Stone cutting and crushing ma- 
chines. 



Straw, machine pressed, minimum 

40 cwt. per waggon. 
Strawboard. 
Strawboard cuttings, for paper 

making. 
Studs, iron or steel. 
Sugar, in bags, cases, or casks. 
Sulphate of copper, e.o.h.p. 
Sulphur, e.o.h.p. 

Surat bagging, for paper making. 
Syrup, in casks. 
Tabling, water (cement). 
Tallow. 

Tares or wrappers, for cotton bales. 
Telegraph insulators, earthenware, 

packed. 
Telegraph stores — 

Wrought iron double swivels. 

Malleable cast iron double-wall 
brackets. 

Malleable cast iron saddles. 
Terra-cotta caps or stoppers. 
Timber, measurement weight. 
Tin ore. 
Tow, in bales, minimum 60 cwt. per 

waggon. 
Tow waste, for paper^making. 
Treacle. 

Trestles, wrought iron. 
Turpentine, crude, in casks. 
Valves, gas or water, iron or steel. 
Vegetables, desiccated, for cattle 

food. 
Vegetables, in brine. 
Vegetables, not packed, e.o.h.p., 

minimum 20 cwt. per waggon. 
Verjuice, in casks. 
Vinegar, in casks. 
Waggon bodies, in pieces bound 

together. 



CLASSIFICATION OF MERCHANDISE TRAFFIC. 



379 



Class 1 — continued. 
Washing and wringing macliine 

rollers. 
Washing powder and paste. 
Wheelbarrows, in parts. 
Wheels, cart and plough, iron or 

steel. 
Wheels, fly or spur. 
Wheels, wheelbarrow, iron or steel. 
White lead. 



Winches, hand. 

Window guards, iron. 

Woad. 

Wood fibre, in bales. 

Wood pulp middles. 

Wood treads, in frames for stairs. 

Yellow metal plates and sheathing. 

Zinc ridges. 



Class 2. 



Acetate of alumina, in casks or iron 

drums. 
Acetic or wood acid, in casks. 
Acid cresylic, in casks or iron 

drums. 

Agricultural and portable steam 
and traction engines, vertical 
steam engines, horizontal steam 
engines, steam ploughs, steam 
plough vans, steam tram engines, 
threshing machines, road rollers, 
and harrows. 

Agricultural machines and imple-* 

ments, incases. 
Agricultural seeds. 
Ale and porter (bottled) in hampers. 
Alkanet root. 
Ammonia, liquid, in casks or iron 

drums. 
Animal guts, in casks. 
Annotto, in casks. 
Antimony rogulus. 
Argils or tartars. 
Arrowroot. 

Arsenic acid, in casks. 
Asbestos. 
Axle boxes, brass. 
Axles, not in the rough, o.o.h.p. 



Bacon and hams, cured, packed. 

Bagging, o o.h.p. 

Bags, hand, common (hemp). 

Bags, paper. 

Balusters, iron. 

Bark, for tanning, e.o.h.p. 

Bark, ground, packed in bag^. 

Baskets, iron. 

Bass and whisk, for making brooms. 

Bass baskets. 

Bass mats and bass matting. 

Bedsteads, metallic, in cases. 

Beef, in brine. 

Bees' wax. 

Besoms. 

Bicarbonate of soda, in boxes, 

crates, or hampers. 
Biscuits. 

Blackberries or brambleberries. 
Blacking. 
Black lead. 

Bleaching liquids, in casks. 
Blood, in casks or iron drums. 
Blue powder and stone and smalts, 

in casks, cases, boxes, or bags. 
Boards, made of compressed leather. 
Bobbins, in bags. 



380 



PROVISIONAL ORDERS OF THE BOARD OF TRADE. 



Class 2 — continued. 
Boilors and boiler fittings, iron or 
steel. 

Bone-crushing mills. 

Bones, e.o.h.p. 

Boot and shoe linings, cotton or 
linen. 

Borax. 

Bottle stoppers, wood, packed. 

Bottles, earthenware or stoneware. 

Bowls, iron, nested or packed. 

Brass. 

Bread. 

Bristles, in boxes, cases, or casks. 

Bronze (phosphor or manganese) 
castings, and ingots, rough. 

Buckets and pails, iron, nested or 
packed. 

Bungs, wood, or shires. 

Buoys. 

Butter, in casks, firkins, baskets, or 
boxes, or in tubs or cools with 
wooden lids. 

Cabbages, packed, e.o.h.p. 

Caloric engines. 

Canary seed. 

Candles, e.o.h.p. 

Carbolic acid, liquid, in casks or 

iron drums. 

Carbolic seed dressing. 

Carbonate of magnesia. 

Carbonate of potash, e.o.h.p. 

Cartridge cases, exploded. 

Cattle food, prepared. 

Celery. 

Chains and traces, packed. 

Chair wood, rough, undamageable. 

Cheese, in boxes, casks, and cases. 

Chestnuts, extract of, e.o.h.p. 

Chicory. 

Chimney pieces, cement or concrete. 

China, in casks or crates. 



Chlorate of potash. 

Chlorate of soda, packed in hampers 

or casks. 
Chloride of x^tash, packed in 

hampers or casks. 
Chocolate. 

Cider and perry (bottled),inhampers. 
Clothes pegs, packed. 
Coal scuttles, conmion, iron or gal- 

yanised) nested or packed. 
Cobalt ore. 
Cocoa. 
Cocoa-nut fibre, husk, shell, or 

matting, packed. 
Codilla, e.o.h.p. 
Coffee. 
Coir junk. 
Coir rope. 

Colliery screens or tips. 
Colours, in C€isks or iron drums, or 

in tins packed in cases. 
Confectionery, in cases, casks, or 

boxes. 
Copper. 

Com flour, patent. 
Corves (small waggons for use in 

collieries). 
Cotton, raw, e.o.h.p. 
Cotton and woollen waste. 
Cranberries. 
Cranes or cranework. 
Crucibles, plumbago or clay. 
Curling stones. 
Currants (grocers'). 
Cyanite, in casks or iron drums, or 

in tins packed in cases. 
Dandelion roots. 
Dates. 
Delta metal. 
Dextrine. 



CLASSIFICATION OF MERCHANDISE TRAFFIC. 



381 



Class 2 — continued. 
Dishes, iron. 

Distilled water, e.o.h.p. 

Dollies and peggies, wooden, for 

laundry purposes. 
Dripping, in casks, boxes, tins, or 

tubs with lids. 

Dubbin. 

Earthenware, in casks or crates. 

Electric accumulators. 

Electric insulators. 

Emery. 

Emery dust. 

Emery rollers and emery wheels, in 
boxes or cases. 

Envelopes, straw, for bottles. 

Fat, raw. 

Felt (not carpeting). 

Figs, dried. 

Files or rasps, iron or steel. 

Filters, cast iron. 

Fire boxes of portable steam and 
traction engines. 

Fire lighters. 
Fish- 
Herrings and sprats, in any state, 
e.o.h.p. 

^yi fish, partially cured, smoked, 

or dried, e.o.h.p. 

Grabs. 

Flag poles or Venetian masts. 

Flax, in bales, e.o.h.p. 

Flax seed, for sowing. 

Flax waste, e.o.h.p. 

Fleshings and glue pieces, e.o.Lp. 

Flocks. 

Flower pots, day, common, un- 
glazed. 

Forges, portable, in pieces packed 
in boxes. 

Forges, portable, whole, cased in 
iron. 



Forks, digging, in cases. 

Fruit, crystallised, in boxes, cases, 

or casks. 
Fruit — 

Apples, gooseberries, and pears, 
e.o.h.p. 

Cherries, raspberries, straw- 
berries, in tubs for jam. 

Fruit, ripe, e.o.h.p. 
Funnels, air or ship. 
Fustic liquor. 
Gall nuts. 
Garancine. 

Gas engines, complete. 
Gates, iron or wooden, common. 
Ginger beer, e.o.h.p. 
Glass blocks, for pavement (not 

fitted in frames). 
Glycerine, in casks or iron drums. 
Grates, ovens, ranges, or stoves, 

common or kitchen. 
Gridirons. 

Grindstones, e.o.h.p. 
Gums, in mats, bags, casks, or 

cases. 
Gnn carriages. 
Gun metal. 
Hair, raw, pressed, in bales or 

bags. 
Hames. 
Harrow shafts, tube iron or tube 

steel. 
Hay, e.o.h.p., minimum load 30 cwt. 

per waggon. 
Hay forks, in cases. 
Hay rakes, hand, in cases. 
Hemp, e.o.h.p. 
Hessians, jute. 
Hinges, iron, or steel. 
Hoes, hand. 



382 



PROVISIONAL ORDERS OF THE BOARD OF TRADE. 



Class 2 — continued. 
Hollow- ware, cast iron, nested and 

packed. 

Hooks, ceiling. 

Hooks, clip, galvanised iron. 

Hoops, wooden. 

Ice. 

Ink, except printers', in boxes, 

casks, or crates. 

Iron liquor or muriate of iron. 

Ivory black. 

Ivory waste or dust. 

Japan wax. 

Jars, earthenware or stoneware. 

Kitool fibre. 

Knife boards. 

Ladders, wooden. 

Laminated lead. 

Lard, in casks, boxes, tins, or tubs 

with. lids. 

Lasts, wooden. 

Lead piping, e.o.h.p. 

Leather, undressed, except in cases 

or crates. 

Lemon and lime juice, in cases or 

casks. 

Lemons. 

Linen waste, e.o.h.p. 

Linen yarn, press packed, in 

bunches or bales. 

Linens, grey, unbleached. 

Locomotive engines and tenders, 

loaded in railway companies' 

waggons. 

Logwood liquor. 

Machinery, in parts, in cases, 

e.o.h.p. 

Madders. 

Marbles, children's. 

Margarine, in casks, firkins, or 

boxes, or in tubs with wooden lids. 



Millstones, finished. 
Mineral and aerated waters, e.o.h.p. 
Molliscorium. 

Mordant liquors (including alum 
liquor, dunging liquor, and red 
liquor). 
Mungo. 

Mushroom pulp. 
Mushroom spawn. 
Mustard, in casks, cases, boxes, or 

bags. 
Nails, zinc. 
Netting, of iron wire. 
Newspapers, in bales. 
Nickel ore. 

Nitrate of copper, in casks. 
Nitrate of iron. 
Nuts, e.o.h.p. 
Oakum. 

Oils, not dangerous, in casks or 
iron drums, round or tapered at 
one end, e.o.h.p. 
Oranges. 
Orchilla weed. 

Osiers, twigs, and willows, brown. 
Paints, in casks or iron drums, or 

in tins packed in cases. 
Palisades, iron. 
Palm leaves. 

Paper, emery, sand, and tobacco. 
Paper hangings, common, in bales. 
Paraffin and petroleum oils, in 
owners' tank waggons, not giving 
off inflammable vapour under 
73° Fahr., when tested in the 
manner set forth in the Petro- 
leum Act, 1879. 
Parian, in casks or crates. 
Pelts, e.o.h.p. 
Pewter. 



CLASSIFICATION OF MERCHANDISE TRAFFIC. 



383 



Class 2 — continued. 
Piassaya, e.o.li.p., minimum 20 cwt. 

per waggon. 

Pickaxes. 

Picker bends. 

Pickles, in boxes, cases, or casks. 

Pimento. 

Piston rods, steel. 

Plough shafts, tube iron or tube 
steel. 

Plumbago. 

Polishing paste. 

Pork, in brine. 

Poultry pens (wire), folded. 

Preserves (fish, fruit, meat, and 
provisions), in casks, boxes, or 
cases. 

Printed matter, not bound. 

Provender, horse or cattle, e.o.h.p. 

Prunes, in casks or mats. 

Pumps and pump castings, in cases. 

Hags, pulled. 

iRailway waggon bodies. 

Hailwaj waggon bodies, fitted to- 
gether. 

Bailway waggon brasses.. 

!Rain water pipes, for spoutiDgs 
and their connexions, cast-iron. 

Kaisins. 

Heed webbing, for ceilings. 

Hevalenta arabica. 

Hhubarb and rhubarb roots. 

Hizine. 

Holls, iron, e.o.h.p. 

Hopes. 

Hopes, wire. 

Sacks. 

Sad irons, e.o.h.p. 

Safes, iron or steel. 

Sago. 

Sauces, in boxes, cases, or casks. 



Scoops, iron. 

Scrap zinc. 

Screw propellers. 

Scrolls, iron (for fixing springs to 

c€trts and carriages). 
Scrows, e.o.h.p. 
Seal skins, wet and salted. 
Seaweed (dry) or alga marina. 
Seeds, agricultural, e.o.h.p. 
Semolina. 
Sheets, wool, new. 
Ships' masts. 
Ships' ventLLators. 
Shoddy. 

Shoemakers' wax. 
Shot, lead, e.o.h.p. 
Shumac liquor. 
Signal posts (railway) and materials 

belonging thereto. 
Silicate cotton or slag wool, e.o.h.p. 
Sinks, cast iron, not enamelled. 
Size, e.o.h.p. 
Slate pencils. 
Slates, writing. 

Spades and shovels, iron or steel. 
Spelter sheets, e.o.h.p. 
Spetches, e.o.h.p. 
Spirits of tar, in casks or iron 

drums. 
Spoutings and connexions, iron or 

steel. 
Stable fittings (except enamelled), 

iron or steel. 
Stannite of potash. 
Stannite of soda. 
Staples (wire), for bookbinders. 
Starch, in casks, cases, boxes, or 

bags. 
Steam excavators or steam navvies. 
Steel, bars and bundles. 



384 



PROVISIONAL ORDERS OF THE BOARD OF TRADE. 



Glass 2 — continued. 
Stone blue, in casks, cases, boxes, 

or bags. 
Stone, carved for building purposes, 

e.o.b.p. 
Strickles, in boxes or cases. 
Sugar mills. 
Tamarinds. 
Tapioca. 
Tapioca flour. 
Tarpaulins. 
Tartar, liquid. 
Teme metaL 

Tin, in blocks, cakes, or ingots. 
Tincal. 
Tinfoa. 
Tin liquor. 

Tobacco juice, in casks. 
Tobacco leaf, in hogsheads or 

tierces. 
Tobacco stoves or presses. 
Tools, well-boring and pit-boring. 
Torch wick. 

Tow, in bales, e.o.h.p. 
Tow waste, e.o.h.p. 
Tubes, coated with brass. 
Tubes, electro-coppered. 
Tubes, steam, brass or copper. 
Tubs, iron. 
Tue irons. 
Turmeric. 
Turpentine, spirits of, in casks or 

iron drums. 
Twine. 



Umbrella sticks, in the rough. 

Varnish, in casks or iron drums. 

Vegetable wax. 

Vegetables, packed, e.o.h.p. 

Vices, iron or steeL 

Vinegar, in cases. 

Walking sticks, in the rough. 

Walnuts, green, and husks. 

Washers, leather. 

Weighing machines, large (those 
used for weighing railway or 
other vehicles, and also cattle). 

Window frames, iron, packed in 
cases. 

Window shutters, iron or steel. 

Wines, British, in casks. 

Wire, cotton-covered, in casks, 
hampers, cases, and canvas- 
covered coils. 

Wire, iron or steel, e.o.h.p. 

Wire, lead. 

Wood, bent, rough, unfinished. 

Wool, raw. 

Yam, twist, and weft, cotton and 
linen, in bales, bags, wrappers, 
cases, boxes, skips, or casks. 

Yeast, in bags, or in bags in 
baskets, hydraulic press packed, 
dry. 

Yellow metal bolts and nails. 

Yellow metal rods. 

Zinc bars. 



CLASSIFICATION OF MERCHANDISE TRAFFIC. 



385 



Glass 3. 



Ale ooolers. 

Algerian fibre (not liydranlio or 

steam press packed or machine 

pressed) in full truck loads, or in 

consignments of 20 cwt. 
Alizarine, in casks or iron drums. 
Almonds. 

American or leather cloth. 
Ammonia, liquid, in bottles (other 

than carboys) in cases. 
Angelica root. 
Aniseed. 

Apple rings, in slices, dried. 
Apples, dry, or pippins. 
Arsenic acid, e.o.h.p. 
Awl blades. 

Bacon and hams, cured, e.o.h.p. 
Baking powder. 
Baths. 
Bayonets. 
Beadings and mouldings, gilt 

lacquered, or yamished, packed 

in boxes. 
Bed keys. 
Bedsteads, e.o.h.p. 
Beehiyes, made of wood. 
Bellows, packed. 
Bellows pipes. 

Bell- ringing (carillon) machinery. 
Bells, small. 
Belting for machinery. 
Bichromate of soda, e.o.h.p. 
Bichrome and bichromate of potash, 

e.o.h.p. 
Bicycle stands, wrought iron. 
Bins, com or wine. 
Bit burnishers, packed. 
Bits, iron or steel. 

D. 



Bitters, in casks or cases. 

Black beer. 

Bladders, in casks. 

Blankets. 

Blanks, bronze and copper, for 

stamping for coins. 
Blinds, paper. 
Blinds, Venetian and chain, in 

cases, crates, or frames. 
Blowing engines. 
Blow pipes. 
Blue, laundry, liquid, in boxes, 

cases, casks, or iron drums. 
Blue paste. 
Blue powder and stone and smalts, 

e.o.h.p. 
Boards, parquet flooring. 
Boards, washing. 
Bobbins, e.o.h.p. 
Bolts, door. 
Books, e.o.h.p. 
Boothing or stalling. 
Boots and shoes, including goloshes, 

and leather cut into boot shapes, 

in casks, cases, or boxes. 
Boracio add. 
Bottle jacks. 
Bottles and bottle stoppers, glass, 

e.o.h.p. 
Bowls, wood or iron, e.o.h.p. 
Boxes or trunks, tin or sheet iron, 

packed in crates or cases. 
Boxes, safety. 
Box or Italian irons. 
Braces, except silk, for wearing 

apparel, in bales, packs, or 

trusses. 
Brands, iron or steel. 

c c 



386 



PROVISIONAL ORDERS OF THE BOARD OF TRADE. 



Class 3 — continued. 
Brass work, spun or stamped, 

packed. 
Broom and brush heads, e.o.h.p. 
Brooms and brushes, packed. 
Brush backs, xylonite. 
Buckets and pails, e.o.h.p. 
Buckles, iron, steel, or brass. 
Buckram. 
Bullet moulds. 

Busks, wooden, horn, or steel. 
Butter, in crocks in wood, or in 

crocks when packed with straw 

in baskets. 
Buttons, except gold, silver, or 

plated. 
Calicoes. 
Calipers. 

Candlesticks, brass or iron. 
Candlewick. 
Canvas. 

Cap peaks, not oily. 
Caps, men's or boys', except silk, 

in bales, packs, or trusses. 
Capsules, metal, in cases. 
Carbon candles, for electric lighting. 
Carbonate of ammonia, in cases. 
Card cloth. 

Cards, for weaving, packed in oases. 
Carpet bag frames. 
Carpet bags. 

Carpet beating machines. 
Carpet lining (cork). 
Carpeting. 
Carpeting (cork). 
Carraway seeds. 
Carriage and cart steps. 
Carriage and foot warmers. 
Cartridge cases, brass. 
Castings, brass, German silver, or 

nickel. 



Castings, iron, light, e.o.h.p. 

Castings, sanitary, iron or steel, 
for public urinals and water- 
closets. 

Castings, steel, e.o.h.p. 

Castor oil, in boxes. 

Castors, of all kinds. 

Cellarets, wrought iron. 

ChafP, in bags, not for cattle feeding. 

Chains, curb or door. 

Chalk, French. 

Chalk, prepared. 

Cheese, e.o.h.p. 

Cheese presses. 

Chemicals, not dangerous, corro- 
sive, or explosive, in casks, iron 
drums, bales, or bags. 

Chimney pieces, marble or slate, 
e.o.h.p. 

China, in hampers. 

China g^ass (not hydraulic or steam 
press packed, or machine 
pressed) in full truck loads, or 
in consignments of 20 cwt. 

Cinder sifters. 

Cinnabar ore. 

Clasps, book, boot, or belt, except 
gold, silver, or plated. 

dock dials. 

Clogs, in casks, cases, or boxes. 

Clothing (exclusive of silk goods), 
if packed in trusses, packs, or 
bales. 

Clothing, for soldiers, police, prison 
warders, railway porters, postal, 
and telegraph (except busbies or 
helmets). 

Clothing, waterproof (except oily 
canvas clothing). 

Cloth, linen packed. 



CLASSinCATIOK OP MERCHANDISE TRAFFIC. 



387 



Glass 3 — continued. 
Coach and upholsterers' trinunings, 

in packs, trusses, or bales. 
Coach fittings, metallic, packed. 
Coach wrenches. 
Coal scuttles, metallic, packed, in 

cases or boxes. 
Cob nuts. 
Cocoa-nut fibre, husk, shell, or 

matting, e.o.h.p. 
Cocoa-nuts. 

Coffee extract or essence. 
Coffee mills, small hand. 
Cofiin furniture, metallic. 
Coin, copper or bronze. 
Collars, dog. 
Collars, rush, for horses. 
Colliery pulleys. 
Colours, in cans, hampers, boxes^ 

or iron bottles. 
Combs. 

Copying presses. 
Coquilla nuts. 
Cordials, in casks or cases. 
Coriander seed. 
Corkscrews. 

Cork shavings or cuttings. 
Cork sooks, in boxes, cases, or casks. 
Corkwood. 
Cornice poles, wood, in bundles, 

without rings or ends, not gilt. 
Corozzo nuts. 
Cotton and linen goods, in bales, 

boxes, cases, packs, or trusses, 

e.o.h.p. 
Cotton and linen thread. 
Cotton and woollen slops, in ham- 
pers, bales, or boxes. 
Cotton wool, dressed and carded. 
Crucibles, e.o.h p. 
Cummin seed. 

CO 



Curry combs. 

Cutlery. 

pyanite, in cans, hampers, boxes, 

or iron bottles. 
Dies and die stocks. 
Dishes, wood. 

Drapery, heavy. — Packages con- 
taining any of the following 

articles : — 
American or leather doth. 
Blankets. 
Boots and shoes, including 

goloshes, in casks, cases, or 

boxes. 
Buckram. 
Buttons, except gold, silver, or 

plated. 
Calicoes. 
Carpet bags. 
Carpeting. 
Clothing, waterproof (except oily 

canvas clothing). 
Cotton and linen goods, in bales, 

boxes, cases, packs, or trusses, 

e.o.h.p. 
Cotton and linen thread. 
Cotton and woollen slops, in 

hampers, bales, or boxes. 
Druggeting. 
Elastic webbing. 
Eyelets. 
Flannel. 
Floor doth, induding oil doth, 

boulinikon, kamptulicon, and 

linoleum. 
Hearth rugs, except skins. 
Hooks and eyes. 
Huckabacks. 
Indfarubber goods, except shoes 

and goloshes. 
2 



388 



PROVISIONAL ORDERS OF THE BOARD OF TRADE. 



Class 3 — continued. 
Drapery — continued. 

Laces, boot and stay, cotton or 
leather. 

linen doth, packed. 

Paper collars, cufCs, and shirt 
fronts. 

Shirts, cotton, woollen, and linen, 
in bales, packs, or trusses. 

Stays, not silk. 

Tapes. 

Thimbles, not gold, silver, or 
plated. 

Wadding, cotton. 

Woollen and worsted yam. 
Dripping, in crocks in wood, or in 

tubs or tins without lids. 
Druggeting. 

Drugs, in casks, bales, or bags. 
Drysalteries, in casks. 
Dust preventers. 
Dutch metal and leaf. 
Dyes, in casks and iron drums. 
Earth closets. 
Earthenware, in hampers. 
Eggs, in boxes, cases, or crates. 
Elastic webbing. 
Electric batteries. 
Electric cable. 
Emery rollers and emery wheels, 

e.o.h.p. 
Esparto grass (not hydraulic or 

steam press packed, or machine 

pressed), in full truck-loads, or 

in consignments of 20 cwt. 
Eyelets. 
Fenders, packed in crates, cases, or 

boxes. 
Fenders, kitchen, iron or steel. 
Fenders, ships', cork or hemp. 
Fents and tabs, cotton and wooUen. 



Fern, for litter or packing, e.o.h.p., 
minimum 20 cwt. per waggon. 

Ferrules, iron, brass, or steel. 

Filberts. 

Filters, earthenware. 

Fire engines, steam. 

Fire escapes. 

Fire extinguishers (hand grenade), 
packed. 

Fire guards, metal. 

Fire irons. 

Fish, fresh, e.o.h.p. 

Fish glue. 

Fish hooks. 

Flannel. 

Flax, e.o.h.p. 

Flax straw (not hydraulic or steam 

. press packed, or machine pressed), 
in full truck loads, or in consign- 
ments of 20 cwt. 

Floor doth, including oil doth, 
boulinikon, kamptulicon, and 
linoleum. 

Flour- dressing or purifying ma- 
chines. 

Flower roots (not orchids). 

Forges, portable, e.o.h.p. 

Forks and spoons. 

Forks, toasting, iron. 

Fruit, ripe, not hothouse — 
Apricots. 
Oherries. 
Nectarines. 
Peaches. 
Baspberries. 

- Strawberries. 

Fustian and corduroy. 

Oas fittings, in parts, except brass 
and copper tubing. 

Gas meters. 



CLASSIFICATION OF MERCHANDISB TRAFFIC. 



389 



Class 3 — caniinued. 
Gelatine. 

Gbnnan silTer, in sheets. 

Qerman silyer wire, in casks and 
cases. 

Ginger, e.o.li.p. 

Gins,^ wheels with frames, for 
hoisting purposes. 

Ghiss beads. 

Glass, crown, rolled, or sheet. 

Glass, flint, e.oJL.p 

Glass, plate, rongh. 

Glass, plate, not silrered. 

Gloves, cotton, woollen or worsted, 
in bales, packs, or trasses. 

GloTcs, rough leather, for labourers. 

Glycerine, in cases or boxes. 

Glycerine grease, for lubricating 
purposes, in tins packed in 
wooden cases. 

Goat skins, e.o.h.p. 

Ghranite, polished or dressed, e.o.h.p. 

Grapes, packed in cork-dust or saw- 
dust in casks. 

(Jrindery. 

Groceries, mixed. 

Packages consigned as mixed 
groceries may include any 
grocery artides set out in 
classes hereinbefore men- 
tioned or in this class, the 
following articles in Glass 

4:— 

Cardamoms. 

Citric acid. 

Confectionery, e.o.h.p. 

Crystallised fruits, e.o.h.p. 

Meat pies. 

Preserved ginger. 

Sausages. 

Yeast, e.o.h.p. 

and the following in Class 5 : — 

Blue, laundry liquid, e.o.h.p. 



Groceries — continued. 

Cinnamon. 

Cloves. 

Cochineal. 

Cordials, e.o.h.p. 

Extract of meat. 

Indigo. 

Isinglass. 

Lard, e.o.h.p. 

Nutmegs. 

Gums, e.o.h.p. 

Gxm barrels, rough. 

Gun locks and gun furniture. 

Gun stocks. 

Gun wads. 

Guns, machine, in cases. 

Gutta percha, raw. 

Guttering or corrugating machines, 

e.o.h.p. 

Hair, for manufacturing purposes, 

e.o.h.p. 

Hair doth. 

Hammer heads, e.o.h.p. 

Hammers (not steam), e.o.h.p. 

Handcuffs. 

Handles, chest and saucepan. 

Harness fittings, metallic packed. 

Harness or saddlery, in tin-lined 

cases or casks. 

Hardware — ^Packages containing 
any hardware artides (not gol^ 
silver, or plated) set out in 
classes hereinbefore men- 
tioned, or in this class, and 
any of the following articles (not 
gold, silver, or plated), viz. : — 

Awl blades. 

Bayonets. 

Bed keys. 

Bedsteads, metallic, in strawed 

bundles. 



390 



PROVISIONAL OBDBBS OF THE BOARD OF TRADE. 



Class 3 — continued, 
Hardware^con^tnti^c?. 

Bellows, packed. 

Bellows pipes. 

Bells, small. 

Bicycle stands, wrought iron. 

Bit bumisliers; packed. 

Bits, iron or steeL 

Blanks, bronze and copper, for 

stamping for coins. 
Blow pipes. 
Bolts, door. 
Bottle jacks. 
Boxes, safety. 
Boxes or trunks, tin or sheet iron, 

packed in crates or cases. 
Box or Italian irons. 
Brands, iron or steeL 
Brasswork, spun or stamped, 

packed. 
Buckles, brass, steel, or iron. 
Ballet moulds. 

Busks, wooden, horn, or steel. 
Buttons. 
Calipers. 

Candlesticks, brass or iron. 
Carpet bag frames. 
Carriage and foot warmers. 
Cartridge cases, brass. 
Cart steps. 
Castings, brass, German silver, 

or nickel. 
Castors, of all kinds. 
Chains, curb or door. 
Cinder sifters. 
Clasps, book, boot, or belt. 
Coach fittings, metallic, packed. 
Coach wrenches. 
Coal scuttles, metallic, packed in 

cases or boxes. 
Coffee mills, small hand. 



Hardware — continued. 

Coffin furniture, metallic. 

Collars, dog. 

Copying presses. 

Corkscrews. 

Curry combs. 

Dies and die stocks. 

Dust preventers. 

Eyelets. 

Fenders, packed in crates, cases, 
or boxes. 

Ferrules, iron, brass, or steel. 

Fire guards (metal). 

Fire irons. 

Fish hooks. 

Forks and spoons, metal. 

Forks, toasting, iron. 

Oas fittings, in parts, except 
brass and copper tubing. 

Gins, wheels, with frames for 
hoisting purposes. 

Grindery. 

Gun barrels, rough. 

Gun locks and gun furniture. 

Hammer heads, packed. 

Hammers, not steam, e.o.h.p. 

Handcufb. 

Handles, chest and saucepan. 

Harness fittings, metallic, packed. 

Hat and umbreUa stands, cast- 
iron. 

Hay forks, in bundles. 

Hinges, brass. 

Hooks, boot and button, hat and 
coat, and reaping. 

Hooks and eyes. 

Horse clippers, packed in casks 
or cases. 

Jacks, small. 

Japanned ware, in casks or oa«M. 



CLASSIFICATION OF HEBCHANDISB TRAFFIC. 



391 



Class 3 — eofUinued. 
Hardware — continued. 

Kitchen fireplace stands. 

Knitting pins. 

Knives or blades for catting ma- 
chines. 

Knobs, range, iron or steel. 

Knobs, door. 

Knockers, door. 

Ladles, not puddlers', iron. 

Lamp burners. 

Lanterns, tin or iron. 

Latches, door. 

Locks and keys. 

Magnets. 

Match boxes, japanned or ena* 
melled tin, new, emptj, packed. 

Matchetts. 

Medals, brass or copper. 

Military ornaments. 

Mortars and pestles, iron or steel. 

Nails and rivets, brass or copper. 

Needles (in tin-lined cases). 

Nut-crackers. 

Ornaments for saddleiy, brass, 
iron, or steel. 

Ornaments for uniform. 

Pans, ash. 

Pans, copper, for closets. 

Pans, dust. 

Pans, warming. 

Patten rings. 

Patterns, travellers', hardware. 

Percussion cap shells. 

Pins, metal, in boxes. 

Plates, door. 

Plates, iron, enamelled. 

PHers 

Powder flasks. 

Pulley blocks, iron. 



Hardware — continued. 
Pulleys, iron. 
Pumps, hand, brass. 
BaU^ay carriage keys. 
Refrigerators. 
Biddies. 
Saddletrees. 

Scales and weights, letter. 
Screws, brass, copper, or zinc. 
Screws, table expanding. 
Scythe blades. 
Scythes and sickles. 
Shears, garden and sheep. 
Ships' logs, metal. 
Shoe horns and pegs, metallic. 
Show tablets, metal, enamelled. 
Skates. 

SkeWers, iron or steel. 
Snuffers, iron or steel. 
Spanners. 
Spittoons, iron. 
Spring balances. 
Springs, chair, sofa, mattress, 

door, or cart. 
Spurs. 
Stair rods. 
Steelyards. 
Stirrups. 
Sugar nippers. 
Sweat scrapers, packed. 
Syringes, garden. 
Tacks. 

Taper holders, metal. 
Taps, brass. 
Terrets. 
Thimbles. 

Tinware, in casks or cases. 
Tips, brassed, for boot heels. 
Tobacco boxes, metal. 



392 



PROVISIONAL ORDBBS OF THE BOARD OF TRADE. 



Class 3 — continued. 
'Hardware— continued. 

Tools, carpenters', coopers', edge, 
joiners', masons', and sliip- 
wrights'. 

Traps, sinlc, brass or copper. 

Traps, yermin. 

Trays, iron or steel. 

Triyets, iron or steel. 

Trouser stretchers, iron, portable. 

Trowels. 

Tubes, brass or copper (except 
steam tubes), packed. 

Umbrella fitting^. 

Umbrella stretchers. 

Yalyes, brass. 

Ventilators, small, iron or brass, 
for buildings, packed. 

Washers, brass or copper. 

Weights, brass. 

Wire, copper or brass, packed in 
cases or casks, or in bags. 
Hassocks. 

Hat and umbrella stands, cast-iron. 
Hats, rush, in bales, trusses, and 

hampers. 
Hay forks, in bundles. 
Hay rakes, hand, e.o.h.p. 
Hearthrugs, except skins. 
Heel balls, shoemakers'. 
Helmets, metal, in cases or boxes. 
Herbs, green. 
Hides, e.o.h.p. 
Hinges, brass. 
HoUow-ware, iron, indudingkettles, 

pans, maslinfl (pots for boiling 

fruit), and water cans, in casks 

or crates. 
Honey, in casks, or in jars packed 

in crates or cases. 



Hoofs, horns, and horn tips, buffalo, 
cow, goat, ox, and sheep, e.o.h.p. 

Hooks and eyes. 

Hooks, boot, button, hat, coat, 
reaping. 

Hops. 

Horse clippers, packed in casks or 
cases. 

Hosiery, in bales, packs, or trusses. 

Huckabacks. 

Hurdles, iron or steel, on wheels. 

India rubber goods, except shoes 
and goloshes. 

India rubber, raw. 

Ink, printers'. 

Jacks, small. 

Japanned ware, in casks or cases. 

Jews' harps. 

Joiners' work (common wood) — 
Beadings and mouldings (not 
gilt, lacquered or yamished), 
doors and door frames, fittings 
and fixtures for buildings, stair- 
cases, balusters and hand rails, 
window sashes and frames and 
shutters. 

Juniper berries. 

Xips, e.o.h.p. 

Kitchen fireplace stands. 

Knitting pins. 

Kniyes or blades for cutting 
machines. 

Ejiobs, range, iron or steel. 

Ejiobs, door. 

Ejiockers, door. 

Laces, boot or stay, cotton or 
leather. 

Ladles (not puddlers'), iron. 

Lamp black. 



CLASSIPICATION OF MBBCHANDI8B TRAFFIC. 



393 



Class 8 — continued. 
Lamp burners. 

Lamp chimneys (glass). 

Lamp frames (street). 

Lamp reflectors, enamelled iron. 

Lamp wick. 

Lamps, paraffin, in parts (except 
china or earthenware) packed m 
casks and cases. 

Lanterns, tin or iron. 

Lard, in bladders, in crocks, in 
wood or in tubs, or tins without 
lids. 

Latches, door. 

Lavatory stands and basins, earthen- 
ware, complete, enamelled. 

Lawn mowers, packed. 

Lead pencils. 

Leather, e.o.h.p. 

Lemon and lime juice, e.o.h.p. 

Life buoys. 

Limestone, polished or dressed. 

Lime water, e.o.h.p. 

Lincrusta and anaglypta (decora- 

tive wall papers). 
Linen doth, packed, 
linen yam or grey linen, e.o.h.p« 
Liquorice. 
Locks and keys. 

Looking glass frames (common), 
wood (not gilded or Dutch 
metalled),* 

Maccaroni. 

Machines, fitted up, packed, e.o.h.p. 

Magnesia. 

Magnets. 

Marble, packed, and in slabs 
cemented together. 

Margarine, in crocks in wood, or in 
crocks when packed with straw in 
baskets. 



Marquees or tents. 

Mastic. 

Match boxes, japanned or enamelled 
tin, new, empty packed. 

Matchetts. 

Medals, brass or copper. 

Mats and matting, e.o.h.p. 

Meg^s (not hydraulic or steam 
press packed, or machine press- 
ed), in full truck loads, or in 
consignments of 20 cwt. 

Merinoes, in bales, packs, or trusses. 

Mexican fibre (not hydraulic or 
steam press packed, or machine 
pressed), in full truck loads, or in 
consignments of 20 cwt. 

Mica. 

Military ornaments, except gold, 
silver, or plated. 

Milk. 

Milk cans and pans. 

Millboard roUers (for winding paper 
in cases). 

Mops. 

Mortars and pestles, iron or steel. 

Mortars and pestles, marble. 

Moss, packed. 

Muslin, book, if packed in bales, 
packs, or trusses. 

Mustard, e.o.h.p. 

Nails and rivets, brass or copper. 

Needles (in tin-lined cases). 

Netting, cotton and twine. 

Nickel. 

Nitrate'of baryta. 

Nut crackers, except gold, silver, 
or plated. 

Oars. 

Oils, not dangerous, e.o.h.p. 

Oleic acid, in casks. 



• Intheaohedtileflof G.E.R.,G. N.R., G.W.B.,L.&N.W. R.,L.&S.W.R.,L.B. & 
S. G.B.,L. 0. 4;D. B., Mid.B.,andS.E. R. the woxds ** not gilded** only axeinbnokets. 



394 



PROVISIONAL OKDEUS OF THE BOARD OF TRAUE. 



Class 3 — continued, 
Oroaments for saddlery, brass, iron, 

or steel. 

Ornaments for uniform, except gold, 
silver, or plated. 

Osiers, twigs, and willows, wliite or 
stained. 

Osnaburgs. 

Oxalic acid. 

Paints, in cans, hampers, boxes, or 
iron bottles. 

Palliasses, straw. 

Palmetto leaf (not hydraulic or 
steam press packed, or machine 
pressed), in full truck loads, or in 
consignments of 20 cwt. 

Pans, ash. 

Pans, chemical and dye, iron or steel. 

Pans, copper, for closets. 

Pans, dust. 

Pans, earthenware or iron, for sani- 
tary purposes. 

Pans, warming. 

Paper, e.o.h.p. 

Paper collars, cuffs, and shirt fronts. 

Paper, gummed for labels. 

Paper hangings, e.o.h.p. 

Paper tubes, for cops. 

Parian, in hampers. 

Patten rings. 

Pattens, in casks, cases, or boxes. 

Patterns, travellers' hardware. 

Pearl shells. 

Penholders, wood or metal (except 
gold, silver, or plated). 

Pepper. 

Percussion cap shells. 

Percussion caps, uncharged. 

Petroleum grease or petroleum jelly. 

Piassava, e.o.h.p. 

Pickles, e.o.h.p. 



Picture frames, common, wood (not 

gilded) or Dutch metalled. 
Pins, metal. 
Plants, e.o.h.p. 
Plates, door. 
Plates, iron, enamelled. 
Pliers. 

Powder flasks. 
Preserves (fish, fruit, meat, and 

provisions), e.o.h.p., in crates or 

baskets. 
Pulley blocks, wood or iron. 
Pulleys, iron. 

Pumps and pump castings, e.o.h.p. 
Pumps, hand, brass. 
Quicks, e.o.h.p. 
Babbit fur, or hatters' wool. 
Baffia. 

Bailway cards and tickets. 
Bailway carriage keys. 
Beels, for garden hose. 
Befrigerators. 
Bennet. 

Bick poles and covers. 
Biddies. 
Boad scraping and road sweeping 

machines. 
Bock, crystal. 
Bugs, hearth, except skin. 
Saddlery or harness, in tin-lined 

cases or casks. 
Saddletrees. 
Sauces, e.o.h.p. 
Saw-bench machines, portable, 

packed. 
Scale beams and scales. 
Scales and weights, letter. 
Scoops, wood. 
Screw jacks, except iron. 
Screws, brass, copper, or zinc. 



CLASSIFICATION OF MBRCHANDISB TRAFFIC. 



395 



Class 3 — continued. 
Screws, table expanding. 

Scythe blades. 

Scjthee and sickles. 

Scythe sneds or handles. 

Sealing wax. 

Seaweed, edible. 

Sewing machines, in parts, packed. 

Sewing machine stands, in parts, 

packed in cases or frames. 
Shafts, cart. 
Shafts, gig, carriage, or dog cart, 

not painted nor varnished. 
Shavings, wood. 
Shears, garden and sheep. 
Sheepskins, e.o.h.p. 
Sheet steel. 
Shellac. 
Shells. 

Ships' blocks. 
Ships' logs, metal. 
Ships' sails, finished. 
Shirts, cotton, woollen, and linen, in 

bales, packs, trusses, andhampers. 
Shoe horns and pegs. 
Shoes and boots, including goloshes 

and leather cut into shoe shapes, 

in casks, cases, or boxes. 
Shot belts. 

Show cards (cardboard), unframed. 
Show tablets, metal, enamelled. 
Shutters, revolving, wooden. 
Shuttles, weavers'. 
Silver ore. 
Sinks, enamelled. 
Skates. 

Skewers, iron or steel. 
Skins, hare and rabbit. 
Slate beds of billiard tables, packed 

incases. 
Slate dabs, e.ch.p. 



Snuffers, iron or steel. 

Spanners. 

Spindles, in boxes. 

Spirits, in casks or cases. 

Spittoons, iron. 

Splints, wood for matches. 

Spring balances. 

Springs, chair, sofa, mattress, door, 

or cart. 
Spurs, not plated. 
Squeegees, for cleaning ships' 

decks, &c. 
Stable fittings and mangers, iron 

enamelled. 
Stair rods. 
Starch, e.o.h.p. 
Stationeiy, e.o.h.p. 
Stays, not silk, for wearing apparel. 
Steelyards. 
Stills, iron. 
Stirrups. 

Stone blue, e.o.h.p. 
Stoves, g^s or oil. 
Straw (not hydraulic or steam press 

packed, or machine pressed), in 

full truck loads, or in consign- 
ments of 20 cwt. 
Strickles, e.o.h.p. 
Stuff goods, in bales, packs, or 

trusses. 
Sugar, e.o.h.p. 
Sugar candy. 
Sugar nippers, except gold, silver, 

or plated. 
Sweat scrapers, packed. 
Syringes, garden. 
Syrup, in oases, in tins, in baskets, 

or in stone bottles packed, in 

crates or hampers. 
Tables, cast iron or steel, in parts. 



396 



PROVISIONAL ORDERS OF THE BOARD OF TRADE. 



Class 3 — continued. 
Tacks. 

Talc. 

Taper holders, metal. 

Tapes. 

Taps, brass. 

Tea. 

Terrets. 

Thimbles, except gold, silver, or 
plated. 

Thread, cotton and linen. 

Tinware, in casks or cases. 

Tips, brassed, for boot heels. 

Toasting forks, iron or steel. 

Tobacco boxes, metal. 

Tobacco juice, e.o.h.p. 

Tobacco leaf, e.o.h.p. 

Tools, cai*penters', coopers', edge, 
joiners', masons', and ship- 
wrights'. 

Tow, e.o.h.p. 

Toys, packed. 

Traps, sink, brass or copper. 

Traps, vermin. 

Trays, iron or steel. 

Trellis work (wood), in bundles. 

Trivets, iron or steel. 

Troughs, bakers', wooden. 

Troughs, cattle and other, iron or 
. steel. 

Trouser stretchers, iron, portable. 

Trowels. 

Tubes, brass or copper (except 
steam), packed. 

Tubs, washing. 

Tubs, wood. 

Turnery ware. 

Type. 

Umbrella fittings. 

Umbrella stretchers. 

Yalves, brass. 



Varnish, e.o.h.p. 

Vaseline. 

Vegetable ivory. 

Velvet, cotton, in bales, packs, or 

trusses. 
Ventilators, small, iron or brass, 

for buildings, packed. 
Vermicelli. 
Vinegar, e.o.h.p. 
Wadding, cotton. 
Washers, brass or copper. 
Wash leather. 

Wash stand tops, marble, packed. 
Washing and wringing machines, 

packed. 
Water meters. 
Weighing machines, small (those 

used for weighing packages and 

goods). 
Weights, brass. 
Wheelbarrows. 
Wheels, rudder or steering, in cases, 

crates, or frames. 
Whetstones and honestones. 
Whisks, packed. 
Winches, steam. 
Window frames, iron, e.o.h.p. 
Wines, British, e.o.h.p. 
Wines, in casks or cases. 
Wire, copper or brass, packed in 

cases or casks, or in bags. 
Wood, bent, e.o.h.p. 
Wool, dressed or carded. 
Woollen and worsted goods, in 

bales, packs, or trusses. 
Woollen cloth, in bales, packs, or 

trusses. 
Xylonite. 

Tarns, twist and weft (except silk). 
Yellow or Persian berries. 



CLASSIFICATION OF MBRCHANDISE TKAFFIC. 



397 



Class 4. 



Agricultural machines and imple- 
ments) e.o.lL.p. 
Alabaster. 
Albumen. 

Algerian fibre, e.cli.p. 
Alizarine, e.o.b.p. 
Ammonia, liquid, in bottles (other 

than carboys) in hampers. 
Anchoyies. 
Annotto, e.o.h.p. 
Anthracene, e.o.h.p. 
Asparagus. 

Bacon and hams, fresh or green. 
Bags, leather. 
Beef wine, in boxes. 
Beehives, straw. 
Beer engines. 
Bellows, e.o.h.p. 
Bells, e.o.h.p. 
Billiard cues, in bimdles. 
Blinds, Venetian and chain, e.o.h.p. 
Boilers, copper. 
Books, boimd or half bound in calf, 

morocco, roan, russia, or law calf. 
Boots and shoes, including goloshes 

and leather cut into boot shapes, 

in hampers (white rod). 
Braces, for wearing apparel, not 

silk, e.o.h.p. 
Bristles, e.o.h.p. 
Britannia metal goods. 
Bronze powder. 
Brooms and brushes, e.o.h.p. 
Bungs and corks. 
Butter, in flats or hampers, or in 

tubs or cools without lids. 
Candles, wax. 
Canes and rattans. 



Caps, men's or boys' (except silk), 
in boxes or cases. 

Caravans (showmen's or hawkers') 
and vans containing steam round- 
abouts. 

Carbolic acid, solid. 

Carboys, gutta peroha. 

Cardamoms, 

Cats' and dogs' meat. 

Cattle cribs. 

Chaff, e.ch.p. 

Chairs and seats, garden, e.o.h.p. 

Chairs, common, folding, in boxes, 
cases, crates and parcels. 

Chemicals, not dangerous, corrosive, 
or explosive, in boxes or hampers. 

Chimney pieces, metal, unpacked. 

Chimney tops, iron or zinc. 

China g^ass, e.o.h.p. 

China, in boxes or cases. 

Chums and churning machines. 

Cisterns. 

Citric acid. 

Clocks, turret and church. 

Clogs, e.o.h.p. 

Cloth, linen, bleached, tied in bun- 
dles, but not protected by wrap- 
pers, or not packed. 

Clothing (exclusive of silk goods), 
e.ch.p. 

Coach and upholsterers' trimmings, 
e.o.h.p. 

Coal scuttles, e.o.h.p. 

Cobalt. 

Coffee carts or stalls on wheels. 

Confectionery, e.o.h.p. 

Com cmshers. 

Cricket implements. 



398 



PROVISIONAL ORDERS OF THE BOARD OF TRADE. 



Class 4 — contint^d. 
Croquet implements. 

Crystallised fruit, e.o.h.p. 

Curtains, cotton, laoe. 

Dandy rollers, in cases for paper 

mills. 
Drapery, light — ^Packages contain- 
ing any drapery articles set out 
in classes hereinbefore men- 
tioned, and in this dass, and 
any of the following articles : — 
Bags (leather, ladies' hand, 

courier, and travelling). 
Braces, not silk, for wearing 

apparel. 
Carpeting exceeding fifteen feet 

in length, packed in cases. 
Cloth, woollen. 
Clothing (exclusive of silk 

goods), e.o.h.p. 
Coach and upholsterers' trim- 
mings. 
Gloves, cotton, wooUen, and 

worsted. 
Haberdashery. 
Hosiery. 
]Muslins (book). 
Needles. 
Stuff goods. 
Umbrellas. 

Woollen and worsted goods. 
Dripping, in bladders. 
Druggists' sundries, in mixed pack- 
ages. 
Drugs, in boxes or hampers. 
Drysalteries, e.ch.p. 
Dye extracts. 
Dyes, e.o.h.p. 

Earthenware, in boxes or cases. 
Eggs, e.o.h.p. 
Esparto grass, e.o.h.p. 



Extract of malt. 
Felt hat bodies. 
Fire engines, e.o.h.p. 
Fish, fresh — 

Brill, grayling, lobsters, oysters, 
prawns, red mullet, salmon, 
smelt, soles, trout, turbot, 
whitebait. 
Flax in the straw. 
Flax straw, e.o.h.p. 
Flower roots, e.o.h.p. 
Flower stands, wrought-iron. 
Fluid, disinfecting, in bottles ; 

packed in cases of hampers, or 

in basketed jars. 
Footballs. 

Frilling machines, in parts packed. 
Fruit-cleaning machines. 
Furniture, in vans, carts, or road 

Oarden arches. 

Garden engines. 

Glasshouse pots. 

Glass, in boxes or cases, e.o Ji.p. 

Glass, prepared, for photographers. 

Globes, moons, or shades, glass, 

common. 
Gloves, cotton, woollen, and worsted, 

e.o.h.p. 
Gold size. 
Golf clubs. 
Grates, ovens, ranges, or stoves, 

polished. 
Gravestones or tombstones. 
Gun barrels, e.o.h.p. 
Guns. 

Gutta-percha goods. 
Guttering or corrugating machines, 

not packed. 
Haberdashery. 



CLASSIFICATION OF HEltCHANDISB TRAFFIC. 



399 



Class 4 — continued. 
Hand carts. 

HandmiUs. 

Hares, dead. 

Harness, e.o.li.p. 

Hat leathers. 

Hats, soft felt. 

Hawkers' packs and trusses. 

Hollow-ware,iron, includingkettles, 

pans, inaslins (pots lor boiling Mexican fibre, e.o.li.p. 

fruit), and water cans, e.o.h.p. Mincing machines. 



Margarine, in baskets, flats, or ham- 
pers, or in tubs without lids. 
Mats, skin. 
Mattresses. 
Meat, fresh. 
Meat pies. 
Meat safes. 
Megass, e.o.h.p. 



Honey, e.o.h.p. 

Hop bitters. 

Hose, leather and canvas. 

Hosiery, e.o.h.p. 

Household linen and wearing ap- 
parel (exclusiye of silk goods), 
e.o.h.p. 

Incubators, complete. 

Jnk, e.o.h.p. 

Japanned ware, e.ch.p. 

Kilting machines, in parts, packed. 

Elnapsacks, soldiers'. 

Knitting machines, in parts, packed. 

Lac. 

Lace, British, not silk. 

Laces, boot or stay, e.o.h.p. 

Lamps. 

Lawn mowers, not packed. 

Lawn tennis implements. 

Leather leggings. 

Lint. 

Lithographic stones. 

Looms, not packed. 

I^uggago or baggage, personal. 

Machinery, in parts, not packed, 
e.o.h.p. 

Machines, fitted up, not packed, 
e.o.h.p. 

Malt crushers. 

Maps, in boxes or cases. 



Mushrooms. 

Muslin, book, e.o.h.p. 

Needles, e.o.h.p. 

Oleic acid, e.ch.p. 

Palmetto leaf, e.o.h.p. 

Panoramas and theatrical scenery. 

Pans, copper. 

Parian, in boxes or cases. 

Pattens, e.o.h.p. 

Patterns, wood, for castings. 

Pens, steel. 

Perforating and paper-cutting ma- 
chines. 

Pine apples, not hothouse, packed. 

Pipes, brass and copper. 

Pipes, smoking. 

Pistols. 

Plaiting machines, in parts, packed. 

Plated goods. 

Plums (dried), in fancy boxes. 

Porcelain. 

Poultry, dead. 

Preserved ginger. 

Preserves (fish, fruit, meat, and 
provisions), e.o.h.p. 

Babbits, dead. 

Bazor strops. 

Eeeds and rushes. 

Beflectors, glass, with metal backs. 

Bifles. 



400 



PROVISIONAL ORDERS OF THE BOARD OF TRADE. 



Class 4 — continued. 
EoUers, type printers'. 

Saddlery, e.o.h.p. 

Sausages and saveloys. - 

Saw-bench machines, portable, not 
packed. 

Seal skins, e.o.h.p. 

Seeds, e.o.h.p. 

Sewing machine stands, 6.o.h.p. 

Shafts, gig, carriage, or dog cart, 
e.o.h.p. 

Sheep racks. 

Shirts, e.o.h.p. 

Shoes and boots, including goloshes 
and leather cut into shoe shapes, 
in hampers (white rod). 

Show cards, e.o.h.p. 

Shrubs and trees, e.o.h.p. 

Skins, fine, including deer, fox, kid, 
musquash, and nutria. 

Snuff. 

Spades and shorels, wooden. 

Spermaceti. 

Spindles, e.o.h.p.. 

Spirits, in hampers. 

Spirits of tar, e.ch.p. 

Stag horns. 

Steam gauges. 

Stereotype casts. 

Stills, copper. 

Stone, decorative, carved for deco- 
rating the interior of buildings. 

Stoves, fire-clay tile. 

Straw, e.o.h.p. 

Stufi goods, e.o.h.p. 

Swing boats and hobby horses. 

Tables, cast iron or cast steel. 

Tanks. 

Tartaric acid. 

Telegraph instruments, packed. 

Telephone apparatus, packed. 



Textile fabrics, made of mixed 
cotton, linen, wool, or similar 
materials. 

Theatriccd luggage. 

Tiles, art. 

Tin crystals. 

Tin ware, e.o.h.p. 

Tobacco, manufactured, except 
cigars and cigarettes. 

Tomatoes. 

Toys, e.o.h.p. 

Tubes, tin and zinc. 

Tubing, brass or copper, e.o.h.p. 

Ultramarine. 

Umbrellas. 

Umbrella sticks, e.o.h.p. 

Vans, commercial travellers'. 

Vats. 

Vegetable washing machines. 

Vegetables, hothouse, packed. 

Veneers. 

Venison. 

Verdigris. 

Walking sticks, e.o.h.p. 

Warps, except silk. 

Washing and wringing machines, 

not packed. 

Whalebone. 

Wheels, cart, coach, and carriage. 

Wheels, rudder or steering, e.o.h.p. 

Wines, in hampers. 

Wire, insulated. 

Wire, polished or needle. 

Wire gauze. 

Woodwork for the manufacture of 
organs. 

Woodwork for the manufacture of 
pianos. 

Woollen and worsted goods, e.o.h.p. 

Woollen cloth, e.o.h.p. 

Yeast, e.o.h.p. 



CLASSIFICATION OF MERCHANDISE TRAFFIC. 



401 



Class 6. 



Acetic or wood add, e.o.h4p. 

Alnmininm . 

Amber. 

Ammonis, liquid, e.ch.p. 

Animals and birds, stuffed, in cases. 

Aquaria, glass. 

Artificial flowers. 

Bagatelle tables. 

Balloons. 

Bark, not for tanning, e.o.h.p. 

Barometers. 

Baskets, e.oJi.p. 

Bath chairs. 

Beadings and mouldings, gilt, lac- 
quered, or Tarnished, e.o.h.p. 

Beds and bedding. 

Bicjdes. 

Billiard tables. 

Bird cages. 

Bismuth. 

Blue, laundry, liquid, e.ch.p. 

Boats and canoes. 

Boots and shoes, including goloshes 
and leatiber cut into boot shapes, 
e.o.h.p. 

Boxes, e.o.h.p. 

Butter, in crocks, e.o.h.p. 

Caps, e.o.h.p. 

Carbolic acid, liquid, e.o.h.p. 

Carboys, glass. 

Cards, for carding machines, e.o.h.p. 

Carriage bodies, e.o.h.p. 

Chairs and seats, e.o.h.p. 

Chandeliers and gasaliers. 

Chemicals, not dangerous, oorrosiTe, 
or ezplosiye, e.o.h.p. 

Chloride of gold, in boxes, for 
photographers. 
D. 



Cigars and cigarettes. 

Cinnamon. 

dock cases. 

Clocks, e.o.h.p. 

Cloves. 

Cochineal. 

Coffins. 

Collodion cotton, in bottles packed 
incases. 

Colours, in jars. 

Conserratories and hotibouses, in 
parts. 

Cordials, e.o.h.p. 

Cork socks, e.o.h.p. 

Crape. 

Cyanite, in jars. 

Dripping, in crocks, e.o.h.p. 

Drugs, e.o.h.p. 

Dyes, in glass carboys. 

Empty cases, casks, crates, hampers, 
and other empties, e.o.h.p. 

Engrayings. 

Evergreens. 

Extract of meat. 

Feathers. 

Fenders, e.o.h.p. 

Figures, casts, or ornaments, ala- 
baster, bronze, gypsum, plaster, 
stucco, or terra cotta. 

Figures, flowers, and heads, wax. 

Flowers, cut. 

Flower stands, e.o.h.p. 

Frilling machines, fitted up, packed. 

Fruit, hothouse. 

Furniture, e.o.h.p. 

Furs. 

Game. 

Glass, cut, ornamental, for doors. 

D D 



402 



PROVISIONAL OEDBES OF THE BOARD OF TRADE. 



Glass 6 — continued. 
Glass, plate, silvered. 

Glass, stained. 

Globes, for educational purposes. 

Globes, moons, or shades, glass, 

e.o.b.p. 
Gloves, e.o.li.p. 
Glycerine, e.o.li.p. 
Hair, for bead dressing. 
Hat and umbrella stands, wood. 
Hats, except soft felt and rush. 
Helmets, felt, in cases or boxes. 
Horses, dead. 
Indigo. 
Isinglass. 
Ivory, e.o.h.p. 
Jet. 

Kilting machines, fitted up, packed. 
Knittingmachines, fitted up, packed. 
Lace. 

Lard, e.o.h.p. 

Looking glass frames, e.o.h.p. 
Looking glasses and mirrors, glass. 
Lustres and vases, glass. 
Magnesium metal. 
Maps, e.o.h.p. 

Margarine, in crocks, e.o.h.p. 
Match boxes, empty, e.o.h.p. 
Military ornaments, e.o.h.p. 
Millineiy. 
Models, day. 

Morphia, in bottles in hampers. 
Mose, e.o.h.p. 
Musical instruments. 
Muslins. 
Nitrate of copper, in jars or stone 

bottles, covered with wicker 

basket work. 
Nitrate of silver, in boxes, for 

photographers. 
Nut crackers, e.o.h.p. 



Nutmegs. 

Optical instruments. 

Organs and oi^^ work. 

Ornaments for uniform, e.o.h.p. 

Overmantels, cast iron, with mirrors. 

Paints, in jars. 

Papier mach6 goods. 

Parchment. 

Penholders, e.o.h.p. 

Perambulators, complete or in parts. 

Perfumery. 

Phosphorus paste (vermin killer), 

packed. 
Photographic apparatus. 
Picture frames, e.o.h.p. 
Pictures. 

Pine apples, e.o.h.p. 
Plaiting machines, fitted up, packed. 
Plants and shrubs (garden) in 

baskets, mats, pots, or tubs. 
Platinum. 
Plush, silk. 
Portmanteaus: 
Poultry, alive. 
Quicksilver. 
Quills. 

Betorts, glass. 
Kibbons. 
Booking horses. 
BoUers, brass or copper. 
Seal skins, made into articles of 

wearing apparel. 
Serpentine, manufactured, packed. 
Sewing machines, fitted up, packed. 
Shoes and boots, including goloshes 

and leather cut into shoe shapes, 

e.o.h.p. 
Show cases for shops, glass and 

woodwork. 
Silk. 



CLASSIFICATION OF MEBCHANDISB TRAFFIC. 



403 



Glass 6 — continued. 
Silver precipitate. 

Spirits, e.o.h.p. 

Sponges. 

Straw goods, induding straw 

and straw bonnets. 

Straw plait. 

Sugar nippers, e.o.h.p. 

Summer bouses. 

Surgical instruments. 

Teazles. 

Telescopes. 

Tbermometers. 

TbimbleSy e.o.b.p. 



Tonquin beans. 
Tortoiseshell. 
Tricycles and velocipedes, 
hats Trunks. 

Turpentine, spirits of, e.o.b.p. 

Turtle. 

Velvet, e.o.b.p. 

Ventilators, e.o.b.p. 

Watcb glasses. 

Wines, e.o.b.p. 

Woodwork, carved, for decorating 

tbe interior of buildings. 
Yolk of eggs. 



1)1)2 



401 ALFHABBTICAI. CLASSIFICATIOH. 



OP 

MERCHANDISE TRAFFIC 

AEEANGBD ALPHABETICALLY. 



Where in this list the letters e.o.h.p. are placed after the designation of any 
article, they mean " except otherwise herein provided." 

Note, — ^The following alphabetical dassification has been arranged for convenient 
reference, and has several cross-references which do not occur in the classi- 
fication which appears in the Acts. The wording of the classification in the 
Acts has been followed as &r as possible, but in considering any doubtful 
or difficult question arising on the classification it will be well to refer to 
the classification as it appears therein, which will be found pages 365—403. 



Class A. 

Tracks. The provision of trucks is not included in the 

maximum rates applicable to merchandise specified in 
Class A. [Provisional Order, clause 2, sub-sect. a]. 

Class A. is applicable to consignments of four tons and 
upwards. 

Less than When merchandise specified in Class A. is con- 
four tons. ^^^^ -^ quantities of less than four tons and not 

less than two tons, the company may charge for such con- 
signment the conveyance rates applicable to Class B., and 
if less than two tons the conveyance rates applicable to 
Class C. ; provided that the company shall not charge more 
than as for a consignment of four tons or two tons re- 
spectively. 



ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 405 

Class B. 

TniokB. The maximum rate for articles in Class B. and 

the classes above includes the provision of trucks [Pro- 
visional Order, clause 2], 

The company is not, however, required to provide trucks 
for the conveyance of lime in bulk or salt in bulk, or of 
the following articles when carried in such a manner as to 
injure the trucks, that is to say : 



Ammoniacal liquor. 

Creosote. 

Coal tar. 



Oas tar. 

Oas water; or 

(bravely tarred for paving. 



but where for the conveyance of merchandise other than 
merchandise in Class A. the company do not provide 
trucks, the rate authorised for conveyance must be reduced 
[Provisional Order, clause 2, sub-sect. 6]. 

Class B. is applicable to consignments of four tons and 
upwards. 

Lem than When merchandise specified in Class B. is con- 
signed in quantities of less than four tons and not 
less than two tons, the company may charge for such consign- 
ment the conveyance rates applicable to Class C, and if less 
than two tons the conveyance rates applicable to Class 1 ; 
provided that the company shall not charere more than as 
for a consignment of four tons or two tons respectively. 



Class C. 

Class C. is applicable to consignments of two tons and 
upwards. 

When merchandise specified in Class C. is consigned in 
quantities of less than two tons, the company may charge 



406 



ALPHABETICAL CLASSIFICATION. 



for such consignment the conveyance rates applicable to 
Class 1 ; provided that the company shall not charge more 
than as for a consignment of two tons. 



Acetate of alamina, in casks or 
iron drums d. 2 

Acetate of lead or sugar of 
lead d. 1 

Acetate of lime C 

Acetate of soda d. 1 

Acetic or wood acid, in casks, .d. 2 

Acetic or wood add, e.o.li.p. • .d. S 

Add, tartaric cL 4 

Add, cresjlic, in casks, or iron 
drums • d. 2 

Acorns cl. 1 

Agricultural and portable steam 
and traction engines, vertical 
steam engines, horizontal steam 
engines, steam ploughs, steam 
plough Tans, steam tram en- 
gines, threshing machines, road 
rollers, and harrows d. 2 

Agricultural machines and imple- 
ments, in cases d. 2 

Agricultural machines and imple- 
ments, e.ch.p d. 4 

Agricultural seeds d. 2 

Alabaster cl. 4 

Alabaster stone, in lumps, un- 
ground B 

Albumen d. 4 

Ale and porter, in casks d. 1 

Ale and porter, bottled, in cases 
or casks cl. 1 

Ale and porter, bottled, in ham- 
pers d. 2 

Ale coolers d. 3 

Algaroyilla C 



Algerian fibre (not hydraulic or 
steam press - packea), in full 
truck loads or in consignments 
of 20 cwt d. 3 

Algerian fibre, hydraulic or steam 
press packed C 

Algerian fibre, machine pressed cL 1 

Algerian fibre, e.o.h.p d. 4 

Alizarine, in casks or iron 
drums d. 3 

Alizarine, e.o.h.p d. 4 

Alkanet root cL 2 

Almonds d. 8 

Alum C 

Alum cake C 

Alum waste C 

Alumina, hydrate of, or bauxite. . C 

Alumina water • • C 

Aluminium d. 6 

Aluminof eixic C 

Aluminoeilic C 

Amber d. 6 

American or leather doth . . . .d. 3 

Ammonia, liquid, in casks or iron 
drums d. 2 

Ammonia, in bottles other than 
carboys, in cases cl. 3 

Ammonia, in bottles other than 
carboys, in hampers d. 4 

Ammonia, e.o.h.p d. 6 

Anmionia, muriate of . ..." . .d. 1 

Ammoniacal liquor B 

Anchors d. 3 

Andioyies cL 4 



ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 



407 



Angelica root d. 3 

Angle bars cl. 3 

Aniseed d. 3 

Animal guts, in casks d. 2 

Animals and birds, stuffed, in 

cases cL S 

Animals, liye. See Aninial Glass, 

pp. 208, 333 & 344. 

Annealing plates C 

Annotto, in casks d. 2 

Annotto, e.o.b.p t . .cl* 4 

Anthracene, crude, in casks . .d. 1 

Anthracene, e.o.h.p cL 4 

Antichlorine C 

Antimony, ore C 

Antimony, ore, waste B 

Antimony, regulus d. 2 

Anvils • . B 

Anvil blodui and caps C 

Anvils, hammers, and standards 

for steam-hammers C 

Apples, minimum 20 cwt. per 

waggon cl. 1 

Apples, dry, or pippins cl. 3 

Apples, e.o.h.p cl. 2 

Apples, rings, in slices, dried, .d. 3 

Apricots (not hothouse) d. 3 

Aquaria, glass d. S 

Argols or tartars d. 2 

Arrowroot d. 2 

Arseniate of soda C 

Arsenic • C 

Arsenic acid, in casks d. 2 

Arsenic acid, e.o.h.p d. 3 

Artificial flowers cl. S 

Asbestos cl. 2 

Ashes, pot and pearl d. 1 

Asparagus : . . . .d. 4 

Asphalte paving, in blocks . . . . B 
Asphaltum C 



Axle-box guides, in the rough, 

for locomotives C 

Axle forgings C 

Axles, in the rough C 

Axles and wheels (railway car- 
riage, railway waggon, train, 

or corve) C 

Axles and wheels (locomotive 

engine and tender) d. 1 

Axle boxes, brass cl. 2 

Axles, notin the rough, e.o.h.p. d. 2 

Awl blades d. 3 

Bacon and hams, cured, packed cl. 2 
Bacon andhams, cured, e.o.h.p. cl. 3 
Bacon and hams, fresh or green cl. 4 

Bagatelle tables d. 6 

Bagging, old, in bundles, for 

paper makmg cl. 1 

Bagging, e.o.h.p cl. 2 

Bags, paper, in bags or bundles d. 1 
Bags, hand, common (hemp), .cl. 2 

Bags, paper cl. 2 

Bags, carpet cl. 3 

Bags, leather cl. 4 

Bag8(leather, ladies'hand,courier, 
and travelling) d. 4 

Baking powder cl. 3 

Balloons cl. S 

Balusters, iron d. 2 

Bar iron or steel, exceeding 1 cwt. 
per bar, in open trucks at re- 
quest of trader B 

Bar, puddled, iron B 

Bar iron, e.o.h.p C 

Barilla d. 1 

Barium, chloride of, in casks. . . . C 
Bark, for tanning, chopped, 
packed in bags, or hydraulic 
pressed C 

Bark, loose, for tanning cl. 1 

Bark, for tanning, e.o.h.p cl. 2 



408 



ALPHABETICAL CLASSIFICATIOK. 



Bark, ground, packed in bags cl. 2 

Bark, not for tanning, e.o.h.p. cl. 6 

Barley, pot and pearl cl. 3 

Barley, grain d. 3 

Barometers cl. 6 

Bars, for tin plate making B 

Bars, roller, and bed plates for 
ptdling rags cl. 1 

Barwood C 

Barytes, raw, in bulk B 

Baiytes, ground, in casks or 
bags C 

Barytes, nitrate of d. 3 

Basic slag, unground A 

Basic slag, ground and packed . . B 

Basic material, burnt limestone 

in bulk, to steel converters . . B 

Baskets, iron cl. 2 

Baskets, bass d. 2 

Baskets, e.o.h.p .cl. 6 

Bass and whisk for making 
brooms cl. 2 

Bass baskets cl. 2 

Bass mats and bass matting . .cl. 2 

Baths cl. 3 

Bath chairs d. 5 

Bayonets d. 3 

Beadings and mouldings, gilt, 

lacquered, or yamished, packed 

in boxes d. 3 

Beadings and mouldings, gilt, lac* 

quered, or varnished, e.o.h.p. d. 5 

Beams (iron and steel) C 

Beans, e.o.h.p C 

Bearers (iron and steel) C 

Beds and bedding cl. S 

Bed keys cl. 3 

Beds and cylinders of steam 
engines cl. 1 

Bed plates (iron and steel| roof- 
work) C 



Bedsteads, metallic cl. 2 

Bedsteads, metallic, in etrawed 
bundles cL 3 

Bedsteads, e.o.h.p d. 3 

Beef in brine d. 2 

Beef wine, in boxes d. 4 

Bee hives, made of wood . . . .d. 3 

Bee hives, straw d. 4 

Beer. Se0 Ale. 

Beer engines d. 4 

Beeswax d. 2 

Bellows, packed d. 3 

Bellows pipes « . . . .cl. 3 

Bellows, e.o.h.p cL 4 

Bell^ ringing (carillon) ma- 
chinery d. 3 

Bells, small cl. 3 

Bells, e.o.h.p cL 4 

Belting for machinery d. 3 

Benders for rails, or jim crows .d. 1 

Besoms cl. 2 

Bicarbonate of soda, in casks. . . . C 

Bicarbonate of soda, in boxes, 

crates, or hampers d. 2 

Bichrome and bichromate of 
potash, in cades d. 1 

Bichrome and bichromate of 
potash, e.o.h.p d. 3 

Bichromate of soda, in casks. .cL 1 

Bichromate of soda, e.o.h.p. . .d. 3 

Bicycles d. 6 

Bicyde stands, wrought iron. .d. 3 

Billets, blooms, or ingots, iron or 
sted B 

Billiard cues, in bundles . . . .d. 4 

Billiard tables d. 6 

Binders (iron and steel) C 

Bins, com or wine cL 3 

Birch or ling, for besoms . . . .d. 1 

Bird cages d. 6 

Biscuits, dog, in bagsor casks . . cl. 1 



ALPHABBTICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 



409 



Biscuits d. 2 

Bismuth d. 5 

Bisulphite of lime d. 1 

Bisulphite of soda C 

Bit burnishers, packed el. 3 

Bits, iron or steel cl. 3 

Bitters, in casks or cases . . . .cL 3 

Black beer cL 3 

Black lead d. 2 

Black oil or black yamish, com- 
mon, in casks cl. 1 

Blackberriesorbrambleberries cl. 2 

Blacking d. 2 

Bladders, in casks d. 3 

Blanc, fire (flpround barytes with 
water added for glazing 
paper) C 

Blankets cl. 3 

Blanks, bronze and copper, for 
stamping coins cl. 3 

Bleaching liquids, in casks . . d. 2 

Bleaching powder C 

Blinds, paper d. 3 

Blinds, Venetian and diain, in 
cases, orates, or frames . . . .d. 3 

Blinds, Venetian and chain, 
e.ch.p d. 4 

Blistered steel d. 1 

Blood for manure, in casks . . . . C 

Blood, in casks or iron drums . . d. 2 

Blooms, billets, or ingots, iron or 

steel B 

Bloom trucks d. 1 

Blowing engines d. 3 

Blow pipes cl. 3 

Blue powder and stone, and 
smalts, in casks, cases, boxes, 
or bags d. 2 

Blue powder and stone, and 
smalts, e.o.h.p. .cl. 3 

Blue, laundry, liquid, in boxes, 
cases, casks, or iron drums, .d. 3 



Blue, laundry, liquid, e.o.h.p. . .d. 5 

Blue paste d. 3 

Boards and rollers, wooden, for 
drapers' doth, and for foldine 
. paper cl. 1 

Boards, made of compressed 
leather d. 2 

Boards, parquet flooring . . . .d. 3 

Boards, washing d. 3 

Boats and canoes d. 5 

Bobbin blocks C 

Bobbins, in bags d. 2 

Bobbins, e.o.h.p cl. 3 

Bogies, puddlers' tap d. 1 

Bog ore, for gas purifying . . . . B 

Boilers and boiler fittings, iron 
or steel cl. 2 

Boilers, copper d. 4 

Boilers, plates C 

Bolt and nut machines cl. 1 

Bolts, door cl. 3 

Bolts and nuts (iron and steel) . . C 

Bone ash C 

Bone waste C 

Bone crushing mills d. 2 

Bones, caldned C 

Bones, for size or manure C 

Bones, packed cl. 1 

Bones, e.o.h.p d. 2 

Books, e.o.h.p d. 3 

Books, bound or half bound, in 
calf, morocco, roan, russia, or 
law calf d. 4 

Boot and shoe linings, cotton or 

linen d. 2 

Boot protectors C 

Boothing or stalling d. 3 

Boots and shoes, induding 
goloshes and leather cut into 
boot shapes, in casks, cases, or 
boxes d. 3 



410 



ALPHABETICAL CLASSIFICATION. 



Boots and shoes, including 
goloshes and leather cut into 
boot shapes, in hampers (white 
rod) d. 4 

Boots and shoes, including 
goloshes and leather cut into 
boot shapes, e.o.h.p d. 6 

Boracic acid cl. 3 

Borax cl. 2 

Boring, drilling, planing, punch- 
ing, shearing, and slotting 
machines, for metal work, in- 
cluding beds and tables. .. .d. 1 
Bottle jacks cl. 3 

Bottle stoppers, wood, packed. .cL 2 
Bottles and bottle stoppers, glass, 
black, green, or pfile, common, 
packed cl. 1 

Bottles and bottle stoppers, glass, 
e.o.h.p cl. 3 

Bottles, earthenware or stone- 
ware cl. 2 

Boundary posts (street), iron . .cl. 1 
Bowls, iron, nested or packed, .d. 2 
Bowls, wood or iron, e.o.h.p.. .cl. 3 
Boxes or trunks, tin or sheet iron, 
packed in crates or cases. . . .cl. 3 

Boxes, safety cl. 3 

Boxes, e.o.h.p cl. 6 

Box iron heaters cL 1 

Box or Italian irons cl. 3 

Braces, except silk for wearing 
apparel, in bales, packs, or 

trusses cl. 3 

Braces, not silk, for wearing 

apparel cl. 4 

Braces, for wearing apparel, not 

silk, e.o.h.p d. 4 

Brands, iron or steel cL 3 

Bran C 

Brank or buckwheat C 

Brass cl. 2 



Brass work, spun or stamped, 
packed d. 3 

Brattice doth cl. 1 

Bread d. 2 

Break blocks C 

Brick making machinery . . . .d. 1 

Bricks, day, oommonandfine. . . . B 

Bricks, crushed B 

Bricks, clay, glazed op ena- 
melled (J 

Bricks, flanders or scouring . . . . C 

Bricks, air, cast iron cL 1 

Bridgework — 

Cantilevers Q 

Cross and longitudinal gird- 
ers c 

Moor plates c 

Girders, whole or in part . . . . C 
Joists (J 

Lattice bars Q 

Screw and other piles, both 

hollow and soHd C 

Struts and ties C 

Brill, fish, fresh d. 4 

Brimstone, crude or uiimanufac- 
tured (J 

Bristles, in boxes, cases, or 

caskfl d. 2 

Bristles, e.o.h.p cl. 4 

Britannia metal goods d. 4 

Bronze, phosphor or manganese 

castings and ingots, rough . .d. 2 

Bronze powder cL 4 

Broom and brush heads and 

blocks, wooden, without hair d. 1 
Broom and brush heads, 

©•oli-P cl. 3 

Brooms and brushes, packed . .cL 3 
Brooms and brushes, e.o.h.p.. .d. 4 

Brush backs, xylonite d. 8 

Buckets and pails, iron, nested op 

padced d. 2 



ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 411 



>0l.l 



Buckets and pails, e.o.b.p cL 3 

Buckles, brass, iron, or steel . .cL 3 

Buckram cl. 3 

Builders' implements, not new, 
and consisting of mixed con- 
sig^nments of the following — 

Barrows ^ 

Centerings 

Crab winches 

Hoists 

Mortar boards 

Mortar mills 

Poling boards 

Pulleys 

Bopes 

Scaffold boards 

Steps 

Struts 

Trestles 

Wheeling pieces 

Wheeling planks 

Windlasses 

Bullet moulds d. 3 

Bullets, small arm d. 1 

Bungs, wood, or shives cl. 2 

Bungs and corks cl. 4 

Buoy sinkers B 

Buoys cL 2 

Burr stones 

Busks, wooden, horn, or steel, .d. 3 
Butter, in casks, firkins, baskets, 

or boxes, or in tubs or cools 

with wooden lids d. 2 

Butter, in crocks in wood, or in 
crocks when packed straw 

in baskets d. 3 

Butter, in flats or hampers, or in 

tubs or cools, without lids . .d. 4 

Butter, in crocks, e.o.b.p d. S 

Butter milk cl. 1 



Buttons, except gold, silver, or 
plated d. 3 

Cabbages, loose in bulk C 

Cabbages, e.o.h.p., minimum 20 
cwt. per waggon d. 1 

Cabbages, packed, e.o.h.p d. 2 

Cake, for cattle feeding C 

Caissons (iron and steel) C 

Calicoes cL 3 

Calipers d. 3 

Caloric engines d. 2 

Canada plates cl. 1 

Canary seed d. 2 

Candles, paraiEn, tallow, aud 
stearine d. 1 

Candles, e.o.h.p cl. 2 

Candles, wax cl. 4 

Candlesticks, brass or iron. . . .cl. 3 

Candle-wick d. 8 

Canes and rattans d. 4 

Cannel A 

Cannon cl. 1 

Cannon balls and shot, and shells 
not charged B 

Canvas cL 3 

Cap-peaks, not oily cl. 3 

Caps, men's or boys', except silk, 

in bales, packs, or trusses . .cl 3 

Caps, men's or boys', except silk, 

in boxes or cases d. 4 

Caps, e.o.h.p d. 5 

Capstan bars d. 1 

Capstcms and windh^ses cl. 1 

Capsules, metal, in cases d. 3 

Caravans(showmen's or hawkers') 
and vans containing steam 
roundabouts d. 4 

Carbolic acid, liquid, in casks or 
iron drums d. 2 

Carbolic acid, solid d. 4 

Carbolic add, liquid, e.o.h.p. . . d. 5 



412 



ALPHABETICAL CLASSIFICATION. 



Carbolic seed-dressing cl. 2 

Carbolineum avenarius oil .... d. 1 
Carbon candles, for electric light- 
ing d. 3 

Carbonate of ammonia, in casks 

or iron drums cl. 1 

Carbonate of ammonia, in cases, cl. 3 

Carbonate of lime C 

Carbonate of magnesia cl. 2 

Carbonate of potash, in casks, .d. 1 
Carbonate of potash, e.o.h.p.. .d. 2 
Carbonate of soda, or soda 

crystals C 

Carboys, gutta percha cl. 4 

Carboys, glass cl. S 

Cardamoms cl. 4 

Cardboard cl. 1 

Carddoth cl. 3 

Cards for weaving, packed in 

oases d. 3 

Cards for carding machines, 

e.o.h.p cl. 6 

Carpet-bag frames cl. 3 

Carpet-bags d. 3 

Carpet-beating machines . . . .d. 3 

Carpet-lining, cork cl. 3 

Carpeting d. 3 

Carpeting, exceeding 15 feet in 
length, packed in cases . . . .cl. 4 

Carpeting, cork d. 3 

Carraway seeds d. 3 

Carriage and cart steps d. 3 

Carriage and foot warmers . .d. 3 

Carriage bodies, e.o.h.p d. 5 

Carriages. See Part III. 

Carrots • C 

Cart bushes, iron and sted . . . . C 

Cart steps d. 3 

Cartridge cases, exploded . . . .cl. 2 
Cartridge cases, brass d. 3 



Castings, iron or sted, light, in 
boxes, crates, cases, casks, or 
hampers d. 1 

Castings, mill, forge, and other 
roum and heavy unfinished 
castings, iron and steel . . . .d. 1 

Castings, brass, GFerman silver, 

or nickel cl. 3 

Castings, iron, light, e.o.lLp.. .d. 3 
Castings, sanitary, iron and steel, 
for public urinals and water- 
closets • . • . .d. 3 

Castings, steel, e.o.h.p d. 3 

Castor oil, for lubricating machi- 
nery, in tins, packed in wooden 

cases cl. 1 

Castor oil, in casks or iron drums, 
round, or tapered at one end . . d. 1 

Castor oil, in boxes d. 3 

Castors of all kinds cL 3 

Cats' and dogs' meat d. 4 

Cattle, live. See Animal Class, 
Partn. 

Cattle food, prepared d. 2 

Cattle cribs d. 4 

Caustic soda C 

Caustic potash cl. 1 

Celery d. 2 

Cellarets, wrought iron d. 3 

Cement, in blocks or slabs B 

Cement, e.o.h.p C 

Cement stone B 

Chaff, hydraulic or steam press 

packed cL 1 

Chaff, in bags, not for cattle 

feeding d. 3 

Chaff, e.o.h.p d. 4 

Chains and traces, packed • . . .d. 2 
Chains and traces, not packed . . C 

Chains, curb or door d. 3 

Chain cables 



ALPHABETICAL CLASSIFICATION OF liEBCHANDISE TBAFFIC. 413 



Chair bottoms, wooden, in the 
rough C 

Chairs and seats, garden, in parts, 
packed in cases ...• el. 1 

Chairs and seat8,garden, e.o.h.p.cl. 4 

Chairs and seats, e.o.h.p d. S 

Chairs, common folding, in boxes, 
cases, crates, and parcels . .d. 4 

Chairwood, rough, undamage- 
able cl. 2 

Chalk, in the rough, for agri- 
cultural pi^rposes A 

Chalk, ground C 

Chalk, French cl. 3 

Chalk, prepared d. 3 

Chandeliers and gasaliers .... d. 6 

Charcoal, packed C 

Charcoal, e.o.h.p cl. 1 

Cheesepresses d. 3 

Cheese, in boxes, casks, and 
cases cl. 2 

Cheese, e.o.h.p cl. 3 

Chemicals, not dangerous, corro- 
sive, or explosiYe, in casks, iron 
drums, bales, or bags d. 3 

Chemicals, not dangerous, oorro- 
siye, or explosive, in boxes or 
hampers d. 4 

Chemicals, not dangerous, corro- 
sive, or explosive, e.o.h.p. . .cL S 

Cherries, in tubs, for jam . . . .d. 2 
Cherries, ripe, not hothouse . .cl. 3 

Chertstone C 

Chestnuts d. 1 

Chestnuts, extract of, for tanning 

purposes d. 1 

Chestnuts, extracts of, e.o.h.p. .cl. 2 

Chicory d. 2 

Chimney pieces, date, not ena- 
melled or polished cl. 1 

Chimney pieces, cement or con- 
crete cl. 2 



Chimney pieces, marble or slate, 
e.o.h.p d. 3 

Chimney pieces, metal, un- 
packed cl. 4 

Chimney pots, earthenware or 
fire-clay d. 1 

Chinmey tops, iron or zinc. . • .d. 4 

China, in casks or crates . . . .cl. 2 

China, in hampers d. 3 

China, in boxes or cases d. 4 

China day B 

China grass, hydraulic or steam 
press packed C 

China grass, machine pressed . . d. 1 

China grass (not hydraulic or 
steam uress packed, or machine 
pressed) in full txiickloads or 
m consignments of 20 cwt. . .cl. 3 

China grass, e.o.h.p cl. 4 

China stone C 

Chlorate of potash d. 2 

Chlorate of soda, packed in ham- 
pers or casks d. 2 

Chloride of caldum C 

Chloride of gold cl. S 

Chloride of potash, packed in 
hampers or casks d. 2 

Chloride or muriate of zinc . .cl. 1 

Chocolate d. 2 

Chromate ore C 

Chums and churning machines .cl. 4 

Cider and perry, not bottled in 
casks cl. 1 

Cider and peny, bottled in cases 
or casks cl. 1 

Cider and perry, bottled in ham- 
pers cl. 2 

Cigars cl. S 

Cinders, coal A 

Cinder sifters d. 3 

Cinnamon d. S 

Cinnabar ore cl. 3 



414 



ALPHABETICAL CLASSIFICATION. 



Cisterns d. 4 

Citric acid d. 4 

dasps, boot, book; or belt, except 
gold, silver, or plated d. 3 



Clay, in bulk, e.o.h.p. 



••••«••• 



A 



day, in bags or casks C 

Clippings, shearings, and stamp- 
ings of sheet iron and tin plates, 
in compressed bundles B 

Clips, cotton tie, packed C 

Clips, iron, for boxes d. 1 

Clock cases cL 5 

Clock dials d. 3 

Clocks, turret and church . . . .d. 4 

Clocks, e.o.h.p d. 5 

dog blocks, rough C 

dog irons d. 1 

dog soles cL 1 

dogs, in casks, cases, or boxes d. 3 

dogs, e.o.h.p d. 4 

doth oil, and wood oil d. 1 

doth, linen, packed d. 3 

doth, linen, bleached, tied in 
bundles, but not protected by 
wrappers d. 4 

Clothes pegs, packed cl. 2 

dothing, waterproof, except oily 
canvas dothing cl. 3 

Clothing, exdusive of silk eoods, 
if packed in trusses, pa^, or 
bales cl. 3 

Clothing, for soldiers, police, pri- 
son warders, railway porters, 
postal and telegraph (except 
busbys or helmets) cl. 3 

dothing (exdusive of silk goods), 
e.o.h.p cl. 4 

Cloves cl. 6 

Coach and upholsterers' trim- 
mings, in packs, trusses, or 
bales cl. 3 

Coach and upholsterers' trim- 
mings, e.o.h.p : d. 4 



Coach fittings, metallic, packed d. 3 

Coach wrenches cl. 3 

Coal A 

Coal, fuel, patent B 

Coal scuttles, iron or galvanised, 
nested or packed cl. 2 

Coal scuttles, metallic, packed in 
cases or boxes d. 3 

Coal scuttles, e.o.h.p d. 4 

Cobalt ore d. 2 

Cobalt d. 4 

Cobnuts d. 3 

Oodiineal d. 6 

Cockles d. 1 

Cocoa d. 2 

Cocoa nut fibre, husk, shdl, or 
matting, packed d. 2 

Cocoa nut fibre, e.o.h.p d. 8 

Cocoa nut oil d. 1 

Cocoa nuts d. 3 

Cod and ling, dried d. 1 

Cod and ling, thoroughly cured 
in brine d. 1 

Cod oil, in casks or iron drums 
tapered at one end d. 1 

Cod liver oil, in casks or iron 
drums tapered at one end . .d. 1 

Cedilla in bales, hydraulic or 

steam press padsed d. 1 

Cedilla, e.o.h.p d. 2 

Coffee d. 2 

Coffee extract or essence . . . .d. 3 

Coffee mills, small hand d. 3 

Coffee carts, or stalls on wheels.d. 4 

Coffin furniture, metallic . . . .cl. 3 

Coffins d. S 

Coir junk cl. 1 

Coir rope cl. 1 

Coin, copper or bronze cl. 3 

Coke A 

Collars, dog d. 3 

Collars, rush, for horses cl. 3 



ALFHABETICAL CLASSIFICATION OF MBBCHAKDISE TRAFFIC. 



415 



CoUierj screens or tips d. 2 

Colliexy pulleys d. 3 

Collieiy tubbing, iron and steel. . C 

Collodion d. 5 

Colours, in casks or iron drums 
and in tins packed in cases . . d. 2 

Colours, in cans, hampers, boxes, 
or iron bottles d. 3 

Colours, in jars d. S 

Columns, iron and steel C 

Colza oil, in casks or iron drums 
round or tapered at one end .cl. 1 

Combs d. 3 

Compost, for manure B 

Concrete, in blocks or slabs . . . . B 

Cones, fir, in sacks or bags . .d. 1 

Confectionexy, in cases, casks, or 

boxes d. 2 

Confectionery, e.o.li.p d. 4 

Conservatories and hothouses, in 
parts cl. S 

Copper d. 2 

Copper ore C 

Copper, nitrate of, in casks . .cl. 2 

Copper, nitrate of, in iars or 
stone bottles coverea vrith 
wicker basket work d. S 

Copper predpitate d. 1 

Copper regpilus d. 1 

Copperas, g^een, in bulk B 

Copperas, green, e.o.h p C 

Copperas, e.o.h.p d. 1 

Copra (or oil pulp of cocoanut), 

dried d. 1 

Coprolites and rock phosphate, 

unground A 

Coprolites and rock phosphate, 

ground B 

Copying presses d. 3 

Coquilla nuts d. 3 

Cordials, in casks or cases . . . .cl. 3 
Cordials, e.o.h.p d. S 



Coriander seed d. 3 

Corkscrews cl. 3 

Cork shavings or cuttings . . . . cl. 3 

Cork socks, in boxes, cases, or 

casks cl. 3 

Cork socks, e.o.h.p d. S 

Corkwood d. 3 

Com. See Orain C 

Com crushers d. 4 

Com flour, patent cl. 2 

Cornice poles, wood, in bundles, 
without rings or ends, not 
gUt d. 3 

Corozzo nuts cl. 3 

Corves (small waggons for use in 
collieries) cl. 2 

Cotton waste, for paper making, 
hydraulic or steam press 
packed C 

Cotton, raw, in press packed 
bales d. 1 

Cotton, raw, e.o.h.p cl. 2 

Cotton and woollen waste . . . .d. 2 

Cotton and linen goods, in bales, 
boxes, packs, or trusses, 
e.o.h.p cl. 3 

Cotton and linen thread cl. 3 

Cotton and woollen slops, in ham- 
pers, bales, or boxes cl. 3 

Cotton seed oil, in casks or iron 
drums round or tapered at one 
end d. 1 

Cottonwool, dressed and carded cl. 3 

Crabs cl. 2 

Crab winches cl. 1 

Cranberries cl. 2 

Cranes or crane work cl. 2 

Crape d. 6 

Creosote, coal t€ur, gas tar, gas 
water, in owner's waggons . . A 

Creosote, coal tar, gas tar, gas 
water, e.o.h.p B 

Cricket implements cl. 4 



416 



ALPHABETICAL CLASSIFICATION. 



Croquet implements cl. 4 

GracibleSy plumbago or day . .d. 2 

Orucibles, e.o.lLp. •..••.••• .cl. 3 

Cryolite d. 1 

CiystaUized fruit, e.o.}i.p d. 4 

CuUet (or broken glass) B 

Culm A 

Cummin seed d. 3 

Curling irons d. 2 

Currants d. 2 

Cuny combs d. 3 

Curtains, cotton, lace d. 4 

Cyanite, in jars d. S 

Dandelion roots cl. 2 

Dandy rollers, in cases, for paper 
mills d. 4 

Dari (grain) C 

Dates d. 2 

Delta metal d. 2 

Dextrine cl. 2 

Dies and die stocks cl. 3 

Dills (grain) C 

Dishes, iron cl. 2 

Dishes, wood d. 3 

Disinfecting powder d. 1 

Distilled water, in cases or casks d. 1 

Distilled water, e.o.h.p cL 2 

Divi divi C 

Dog, hen, and other pures or bates, 
in barrels or bags C 

Dollies and peggies, wooden, for 
laundry purposes d. 2 

Doors and door frames, iron or 
steel d. 1 

DrafP, or brewers' and distillers' 
g^ins B 

Drain pipes, glazed C 

Drapery, heavy packages con- 
taining any of the following 
articles : — 

American or leather doth cl. 3 



Drapery, heavy packages—con/c^. 
Blankets d. 3 

Boots and shoes, induding 

goloshesin casksor cases d. 3 
Buckram cl. 3 

Buttons, except gold, silyer, 
or plated d. 3 

Calicoes d. 3 

Carpet bags d. 3 

Carpeting d. 3 

Clothing, waterproof (except 

oily or canvas dothing) d. 3 
Cotton and linen goods, in 
bales, boxes, cases, packs, 

or trusses, e.o.h.p oL 3 

Cotton and linen thread . .d. 3 
Cotton and woollen dops, in 
hampers, bales, or boxes d. 3 

Druggeting d. 3 

Elastic webbing d. 3 

Eyelets d. 3 

Flannel d. 3 

Floor cloth, induding oil- 
cloth, boulinikon, kamptu- 
licon, and linoleum . . . .d. 3 
Hearth rugs, except skins d. 3 

Hooks and eyes d. 3 

Huckabacks d. 3 

India rubber goods, except 

shoes and galoshes . . . .d. 3 
Laces, boot and stay, cotton 

or leather d. 3 

Linen doth, packed cl. 3 

Paper collars, cuffs, and shirt 
n^nts d. 3 

Shirts, cotton, woollen, and 
linen, in bales, packs, or 
trusses d. 3 

Stays, not silk d. 3 

Tapes d. 3 

Thimbles, not gold, silver, or 
plated cl. 3 



ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFPIQ. 417 



Drapery, heavy packages — contd. 

Wadding, cotton d. 3 

Woollen and worsted yam cl. 3 

Drapery, light packages contain- 
ing any drapery articles set 
out in classes below cl. 4, and 
that class and any of the follow- 
ing articles : — 

Bags, leather 

Braces, not silk, for wear- 
ing apparel 

Carpeting, exceeding 15 ft. 
in length, packed in cases 

Cloth, woollen 

Clothing, exclusive of silk 
goods, e.o.h.p 

Coach and upholsterers' 
trimmings 

Gloires, cotton, woollen, 
and worsted 

Haberdashery 

Hosiery 

Muslins (book) 

Needles, stuff goods .... 

UmbreUas 

Woollen and worsted goods 

Dredger buckets and bucket backs 
(iron and steel) cl. 1 

Dripping, in casks, boxes, tins, or 
tubs with lids d. 2 

Dripping, in crocks, in wood, or in 
tubs or tins without lids . . . . cl. 3 

Dripping, in bladders cl. 4 

Dripping, in crocks, e.o.h.p. . . cl. 6 

Dross, metal C 

Druggeting cl. 3 

Druggists' sundries, in mixed 
packages cl. 4 

Drugfs, in casks, bags, or bales d. 3 

Drugs, in boxes or hampers . . cl. 4 

Drugs, e.o.h.p. cl. 5 

Drums, iron or steel, for col- 
lieries cl. 1 

D. 



Drysalteries, in casks d. 3 

Drysalteries, e.o.h.p cl. 4 

Dubbin d. 2 

Dunnage mats d. 1 

Dust preventers d. 3 

Dutch metal and leaf d. 3 

Dye extracts d. 4 

Dye, liquor refuse, from print or 
dye works d. 1 

Dyes, in casks and iron drums . .cl. 3 

Dyes, e.o.h.p d. 4 

Dyes, in glass carboys d. S 

Dyewoods — 
Barwood C 

Fustic wood C 

Lima wood C 

Logwood C 

Nicaragua wood 

Dyewoods, ground, in chips, in 
bags d. 1 

Dyewoods, e.o.h.p d. 1 

Earthenware, in casks or crates .cl. 2 

Earthenware, in hampers . . . .cl. 3 

Earthenware, in boxes or cases. d. 4 

Earth closets d. 3 

Earth, red C 

Earth nuts, or ground nuts . . . . C 

Earth nut or ground nut oil, in 
casks or iron drums round or 
tapered at one end cl. 1 

Eggs, in boxes, cases, or crates . .cl. 3 

Eggs, e.o.h.p cL 4 

ElELstic webbing d. 3 

Electric accumulators cl. 2 

Electric batteries d. 3 

Electric cable d. 3 

Electric insulators d. 2 

Emery d. 2 

Emery dust cl. 2 

Emery rollers and emery wheels, 
in boxes or cases d. 2 

£ B 



418 



ALPHABETICAL CLASSIFICATION. 



Emery rollers and emery wheels, 
eo.li.p cl. 3 

Emery stone C 

Empty cases, casks, crates, ham- 
pers, and other empties, 
e.o.h.p cl. 5 

Empty cases, for returned empties. 

See clause 22 of Provisional 

Order, p. 202. 
Engine bed plates, iron and 

steel C 

Eugravings cl. 5 

Ensilage G 

Envelopes, straw, for bottles, .cl. 2 

Esparto grass, hydraulic or steam 
press packed C 

Esparto grass, machine pressed .d. 1 

Esparto grass (not hydraulic or 
steam press packed, or machine 
pressed), in full truck loads, or 
in consignments of 20 cwt. . . cl. 3 

Esparto grass, e.o.h.p cl. 4 

Evergreens d. 5 

Extracts, in casks or boxes, for 
tanners' use G 

Extract of bark or wood, for 
tanning cl. 1 

Extract of malt cl. 4 

Extract of meat cl. 6 

Eyelets cl. 3 

Farina, e.o.h.p C 

Farina, calcined cl. 1 

Fat, raw cl. 2 

Feathers cl. 5 

FeUoes, waves, and spokes . . . . C 

Felt, asphalted roofing, or tarred 
felt, or tarred sheathing. . . .cl. 1 

Felt (not carpeting) cl. 2 

Felt hat bodies d. 4 

Fencing standards, iron, in con- 
crete blocks d. 1 

Fenders, packed in crates, cases, 
or boxes cl. 3 



Fenders, kitchen, iron or steel . . cl. 3 

Fenders, ships', cork or hemp . . cl. 3 

Fenders, e.o.h.p cl. 5 

Fonts and tabs, cotton and 
woollen cl. 3 

Fenugreek seeds C 

Fern, for litter or packing, 
hydraulic or steam press 
packed cl. 1 

Fern, for litter or packing, e.o.h.p., 
minimum weight 20 cwt. per 
waggon d. 3 

Ferro-manganese, in bulk B 

Ferro-manganese, e.o.h.p. [sub. 
iron or steel] C 

Ferrules, iron, brass, or sted. .cl. 3 

Figs, dried cl. 2 

Figures, casts, or ornaments, 
alabaster, bronze, gypsum, 
plaster, stucco, or terra cotta .d. 5 

Figures, flowers, and heads, 
wax cl. 6 

Filberts cl. 3 

Files or rasps, iron or steel . .cl. 2 

Filings (iron and steel) B 

Filters, cast iron d. 2 

Filters, earthenware d. 3 

Fire boxes of portable steam or 
traction engines cl. 2 

Fire engines, steam d. 3 

Fire engines, e.o.h.p cL 4 

Fire escapes d. 3 

Fire extinguishers (hand gre- 
nade), packed d. 3 

Fire guards, metal cl. 3 

Fire irons cl. 3 

Fire lighters cl. 2 

Firewood, in bundles cl. 1 

Fish- 
Cod and ling, dried cl. 1 

Cod and ling, thoroughly cured 
in brine cl. 1 



ALPHABETICAL CLASSIFICATION OF MBRCHANDISB TRAFFIC. 



419 



Fisli — continued. 

Herrings, thorouglily cured in 
brine el. 1 

!Red herringB) thoroughly 
cured cl. 1 

All other fish, thoroughly salted 
or dried cl. 1 

Cockles cl. 1 

Limpets cl. 1 

Mussels cl. 1 

Periwinkles cl. 1 

Whelks cl. 1 

Herrings and sprats, in any 
state, e.o.h.p cl. 2 

All fish, partially cured, smoked, 
or dried cl. 2 

Crabs cl. 2 

Fresh fish, e.o.h.p cl. 3 

Fresh — 

Brill cl. 4 

Grayling cl. 4 

Lobsters cl. 4 

Oysters cl. 4 

Prawns cl. 4 

Eed mullet cl. 4 

Salmon cl. 4 

Smelt cl. 4 

Soles cl. 4 

Trout cl. 4 

Turbot cl. 4 

Whitebait cl. 4 

Fish glue cl. 3 

Fish hooks cl. 3 

Flag poles, or Venetian masts . . cl. 2 
Flannel cl. 3 

Flax, in bales, minimum 60 cwt. 
per waggon cl. 1 

Flax, in bales, e.o.h.p cl. 2 

Flax, e.o.h.p cl. 3 

Flax, in the straw cl. 4 

Flax seed, for sowing cl. 2 



Flax sti*aw, steam or hydraulic 
press packed • C 

Flax straw, machine pressed . . cl. 1 

Flax straw (not hydraulic or steam 
press packed or machine 
pressed), in full truck loads, or 
in consignments of 20 cwt.. .cl. 3 

Flax straw, e.o.h.p cl. 4 

Flax waste, for paper making, 
hydraulic or steam press 
packed C 

Flax waste, for paper making, .cl. 1 

Flax waste, e.o.h.p cl. 2 

Fleshings and glue pieces, fresh 
from tanners, in casks C 

Fleshings and glue pieces, dry, 
in casks and bugs cl. 1 

Fleshings and glue pieces, fresh 
from tanners, not packed . .cl. 1 

Fleshings and glue pieces, 
e.o.h.p cl. 2 

Flints, e.o.h.p C 

Flocks cl. 2 

Floor cloth, including oil cloth, 
boulinikon, kamptulioon, and 
linoleum cl. 3 

Flour C 

Flour dressing or purifying 
machines cl. 3 

Flowers, cut cl. 5 

Flower pots, clay, common un- 
glazed cl. 2 

Flower roots (not orchids) . . . . cl. 3 

Flower roots, e.o.h.p cl. 4 

Flower stands, wrought iron . . cl. 4 

Flower stands, e.o.h.p cl. 5 

Flower sticks, wooden or cane, 
common d. 1 

Flue linings or flue pipes, fire 
clay C 

Fluid, disinfecting, in bottles 
packed in cases or hampers, or 
in basketed jars cL 4 

e2 



420 



ALPHABETICAL CLASSIFICATION. 



Footballs d. 4 

Forges, portable, in pieces, 

packed in boxes cl. 2 

Forges, portable, whole, cased in 
iron cl. 2 

Forges, portable, e.o.b.p cl. 3 

Forging^, iron or steel, in the 
rough, e.o.h.p G 

Forks, digging, in cases cl. 2 

Forks, toasting, iron cl. 3 

Forks and spoons cl. 3 

Frames and bed plates, iron or 
steel, for timber sawing, bor- 
ing, morticing, or planine 
machineiy d. 1 

Frames, iron or steel, for tar- 
gets cl. 1 

Frames, picture, common wood, 
not gilded or Dutch metalled, cl. 3 

Frames, picture, e.o.h.p cl. 5 

Frilling machines, fitted up, 
packed cl. 5 

Frilling machines, in parts, 
packed cl. 4 

Fruit, minimum 20 cwt. per 
waggon — 

Apples cl. 1 

Gooseberries cl. 1 

Pears cl. 1 

Apples, e.o.h.p cl. 2 

Gooseberries, e.o.h.p cl. 2 

Pears, e.o.h.p d. 2 

Cherries, in tubs, for jam . .cl. 2 

Ba8pberries,intubs,forjam .cl. 2 

Strawberries, in tubs, for 
jam cl. 2 

Fruit, ripe, e.o.h.p cl. 2 

Fruit, ripe, not hothouse — 
Apricots d. 3 

Cherries cl. 3 

Nectarines cl. 3 

Peaches d. 3 



Fruit, ripe, not hothouse— con/<f. 

Baspberries d. 3 

Strawberries cl. 3 

Fruit, hothouse d. 5 

Fruit pulp, in cases cl. 1 

Fruit cleaning machines cl. 4 

Fuel economisers, iron or steel d. 1 

Fuller's earth C 

Funnels, air or ship d. 2 

Furnace lumps B 

Furnace plates C 

Furnace scrapings B 

Furniture, in yans, carts, or road 
waggons cL 4 

Furniture, e.o.h.p d. 5 

Furniture yans, returned empty, 
if from the same station and 
consignee to which and to 
whom they were carried full, 
to the same station and con- 
signor from which and from 
whom they were carried full . . C 

Furs d. 5 

Fustian and corduroy cl. 3 

Fustic liquor d. 2 

Fustic wood C 

Gall nuts d. 2 

Galyanised iron C 

Gambler and terra- japonica . . . . C 

Game d. 6 

Gannister A 

Garancine cl. 2 

Garden arches .d. 4 

Garden engines cl. 4 

Gas carbon B 

Gas engines, complete d. 2 

Gas fittings, in parts, except brass 
and copper tubing d. 3 

Gas lime or gas purifying refuse A 

Gas meters cl. 3 

Gasometer sheets Q 



ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 



421 



Oates, iron or wooden, common cl. 2 

Gelatine cl. 3 

German silver, in sheets cl. 3 

German silver wire, in casks and 
cases d. 3 

GKnger, e.o.h.p cl. 3 

Ginger, preserved cl. 4 

Ginger beer, in cases and casks cl. 1 

Ginger beer, e.o.h.p cl. 2 

Gins, wheels, with frames for 

hoisting purposes d. 3 

Girders C 

Girder bars C 

Glass beads cl. 3 

Glass blocks for pavement (fitted 

in iron frames) cl. 1 

Glass blocks for pavement (not 

fitted in frames) cl. 2 

Glass, crown, rolled or sheet . .cl. 3 
Glass, cut, ornamental, for doors d. 5 

Glass, flint, e.o.h.p cl. 3 

Glass, ground C 

Glass, in boxes or cases, e.o.h.p. cl. 4 

Glass, plate, rough cl. 3 

Glass, plate, not silvered . . . . cl. 3 

Glass, plate, silvered cl. 5 

Glass, prepared, for photo- 
graphers cl. 4 

Glass, potters', in cases C 

Glass, stained cl. 5 

Glass house pots cl. 4 

Glasses, watch cl. 5 

Glaze, potters', in casks C 

Globes, moons, or shades, glass, 

common cl. 4 

Globes, moons, or shades, glass, 

e.o.h.p d. 5 

Globes,for educational purposes cl. 5 
Gloves, cotton, woollen,or worsted, 
in bales, packs, or trusses . .cl. 3 



Gloves, cotton, woollen,or worsted, 
e.o.h.p d. 4 

Gloves, rough leather, for la- 
bourers d. 3 

Gloves, e.o.h.p d. S 

Glucose d. 1 

Glue d.l 

Glycerine, in casks or iron drums d. 2 

Glycerine, in cases or boxes • . d. 3 

Glycerine, e.o.h.p cl. 5 

Glycerine grease, for lubricating 
purposes, in tins, packed in 
wooden cases d. 3 

Goat skins, thoroughly salted or 
dry, in bales or bundles . . . . d. 1 

Goat skins, e.o.h.p d. 3 

Gold size cl. 4 

Golf clubs cl. 4 

Gooseberries, minimum 20 cwt. 
per waggon cl. 1 

Gooseberries, e.o.h.p. cl. 2 

Grain, barley C 

Ghrain 

Grain 

Grain 

Grain 

Grain 

Grain 

Grain 

Grain 

Grain 

Grain 

Grain 

Grain 

Grain 

Grain 

Grain 

Grain 

Grain 

Grain 

Grain 



. . . * 



beans, e.o.h.p 

bran C 

brank or buckweat 

dari C 

dills C 

groats C 

gurdgeons C 

hominy C 

Indian com C 

lentils C 

linseed C 

locusts or charubs C 

maize C 

malt C 

malt culms or cummings. . C 

meal C 

middlings C 

millet C 

oat dust C 



422 



ALPHABETICAL CLASSIFICATION. 



Grain, oats C 

Grain, peas, dried or split C 

Gbain, pollards or thirds C 

Grain, rice points or husks . . . . C 

Grain, rye C 

Grain, sharps or seconds C 

Grain, shelling C 

Grain, shudes C 

Grain, tares C 

Grain, vetches C 

Grain, wheat C 

Granite, in blocks, rough or un- 
dressed B 

Granite, polished or dressed, 
in blocks or slabs exceeding 
2 inches in thickness cl. 1 

Granite, polished or dressed, 
e.o.h.p cl. 3 

Granulated iron G 

Grapes, packed in cork dust or 
sawdust, in casks : . .cl. 3 

Grates, wooden or wrought iron, 

for purifying gas ol. 1 

Grates, ovens, ranges, or stoves, 

common or kitchen cl. 2 

Grates, ovens, ranges, or stoves, 

polished cl. 4 

Gratings (man-hole, drain, pave- 
ment, area, or floor) C 

Gravel A 

Gravel, tarred, for paving B 

Gravestones or tombstones. . . .cl. 4 

Grayling (fish) cl. 4 

Grease, in casks cl. 1 

Greaves cl. 1 

Gridirons cl. 2 

Grindery cl. 3 

Grindstones, in the rough C 

Grindstones, e.o.h.p cl. 2 

Ghit, in bags (for sawing stone) . . C 
Ghroats (grain) C 



Groceries, mixed cl 3 

Packages consigned as mixed 
groceries may include any 
grocery articles in class 3 or 
any lower class, and any of 
the following articles : 

Cardamoms. 

Citric acid. 

Confectionery, e.o.h.p. 

Crystallised fruits, e.o.h.p. 

Meat pies. 

Preserved ginger. 

Sausages. 

Yeast, e.o.h.p. 

Blue, laundry, liquid, e.o.h.p. 

Cinnamon. 

Cloves. 

Cochineal. 

Cordials, e.o.h.p. 

Extract of meat. 

Indigo. 

Isinglass. 

Lard, e.o.h.p. 

Nutmegs. 

Guano 

Guide plates or ramps, iron, 
or steel C 

Gums, in mats, bags, casks, or 
cases cl. 2 

Gums, e.o.h.p .cl. 3 

Gun barrels, rough cl. 3 

Gun barrels, e.o.h.p cl. 4 

Gun carriages d. 2 

Gun locks and gun furniture, .cl. 3 

Gun metal cl. 2 

Gun stocks cl. 3 

Gun wads cl. 3 

Gxms, machine, in cases cl. 3 

Guns cl. 4 

Gurdgeons (grain) C 

Gutta percha, raw d. 3 

Gutta percha goods d. 4 

Guttering or corrugating ma- 
chines, e.o.h.p d. 3 



ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 



423 



Quttering or corrugating ma- 

Ghines, not packed cl. 4 

Gutters (iron and steel, roof- 
work) C 

Gypsum, for manure B 

Gypsum stone, in lumps, under- 
ground B 

Gypsum, e.o.h.p C 

Haberdashery cl. 4 

Haddock oil, in casks or iron 
drums round or tapered at one 

end cl. 1 

Hair, wet from tanneries . . . . cl. 1 
Hair, raw, pressed in bales or 

bags cl. 2 

Hair, for manufacturing purposes, 

e.o.h.p cl. 3 

Hair, for head dressing cl. 5 

Hair cloth cl. 3 

Hames cl. 2 

Hammer heads, in the rough . . C 

Hammer heads, e.o.h.p cl. 3 

Hammer scale A 

Hammers (not steam), e.o.h.p. cl. 3 

Hand carts cl. 4 

Handcuffs d. 3 

Handles, broom, mop, rake, fork, 
spade, shovel, hammer, and 

pick cl. 1 

Handles, chest and saucepan, .cl. 3 

Haud mills cl. 4 

Hardware — Packages containing 
any hardware articles (not 
gold, silver, or plated) set 
out m classes lower than 
cl. 3, or in that class, and any 
of the following articles (not 
gold, silver, or plated),viz. : — 

Awl blades cl. 3 

Bayonets cl. 3 



Hardware — continued* 

Bed keys d. 3 

Bedsteads, metallic, in strawed 

bundles cl. 3 

Bellows, packed cl. 3 

Bellows pipes cl. 3 

BeUs, small cl. 3 

Bicycle stands, wrought iron d. 3 
Bit burnishers, packed . . . .cl. 3 

Bits, iron or steel d. 3 

Blanks, bronze and copper, for 

stamping for coins cl. 3 

Blow pipes d. 3 

Bolts, door cl. 3 

Bottle jacks cl. 3 

Boxes, safety cl. 3 

Boxes or trunks, tin or sheet 

iron, packed in crates or 

cases cl. 3 

Box or Italian irons cl. 3 

Brands, iron or steel cl. 3 

Brasswork, spun or stamped, 

packed cl. 3 

Buckles, brass, steel, or iron cl. 3 

BuUet moulds cl. 3 

Busks, wooden, horn, or steel cl. 3 

Buttons cl. 3 

Calipers cl. 3 

Candlesticks, brass or iron . . cl. 3 

Carpet bag frames cl. 3 

Carriage and foot warmers . . cL 3 

Cartridge cases, brass cl. 3 

Cart steps cl. 3 

Castings, brass, German silver, 

or nickel cl. 3 

Castors, of all kinds d. 3 

Chains, curb or door cl. 3 

Cinder sifters cl. 3 

Clasps, book, boot, or belt. .d. 3 



424 



ALPHABETICAL CLASSIFICATION. 



Hardware — continued. 

Coach fittings, metallic, 

packed cl. 3 

Coach wrenches d. 3 

Coal scuttles, metallic, packed 

in cases or boxes cl. 3 

Coffee mills, small hand. . . .cl. 3 
Coffin furniture, metallic . .cl. 3 

Collars, dog d. 3 

Copying presses cl. 3 

Corkscrews cl. 3 

Currycombs cl. 3 

Dies and die stocks cl. 3 

Dust preventers cl. 3 

Eyelets cl. 3 

Fenders, packed in crates, 

cases, or boxes cl. 3 

Ferrules, iron, brass, or steel . .d. 3 

Fire guards (metal) d. 3 

Fire irons d. 3 

Fish hooks cl. 3 

Forks and spoons, metal. . . .cl. 3 

Forks, toasting, iron cl. 3 

Gas fittings, in parts, except 

brass and copper tubing, .cl. 3 
Ctins, wheels, with frames for 

hoisting purposes d. 3 

Ghrindeiy cl. 3 

Gun barrels, rough d. 3 

Gun locks and gun furniture . .cl. 3 
Hammer heads, packed . . . .d. 3 
Hammers, not steam, e.o.h.p. .d. 3 

Handcuffs cl. 3 

Handles, chest and saucepan.. cl. 3 
Harness fittings, metallic 

packed cl. 3 

Hat and umbrella stands, cast 

iron • cl. 3 

Hay forks, in bundles d. 3 

Hinges, brass cl. 3 



Hardware — continued. 

Hooks, boot and button, hat 
and coat, and reaping cl. 3 

Hooks and eyes d. 3 

Horse clippers, packed in casks 
or cases cl. 3 

Jacks, small cl. 3 

Japanned ware, in casks or 
cases .cl. 3 

Kitchen fireplace stands . . . .d. 3 

Knitting pins d. 3 

Knives or blades for cutting 

machines cl. 3 

Knobs, range, iron or steel . . d. 3 

Knobs, door d. 3 

Knockers, door d. 3 

Ladles, not puddlers', iron. .d. 3 

Lamp burners cL 3 

Lanterns, tin or iron cL 3 

Latches, door cL 3 

Locks and keys cL 3 

Magnets cl. 3 

Match-boxes, japanned or en- 
amelled tin, new, empty, 

packed d. 3 

Matchetts cL 3 

Medals, brass or copper . . . .cl. 3 
Military ornaments d. 3 

Mortars and pestles, iron or 
steel d. 3 

Nails and rivets, brass or cop- 
per d. 3 

Needles (in tin-lined cases) . .d. 3 

Nut crackers cl. 3 

Ornaments for saddlery, brass, 

iron, or steel d. 3 

Ornaments for tmiform . . . .d. 3 

Pans, ash d. 3 

Pans, copper, for dosets .... d. 3 

Pans, dust d. 3 

Pans, warming ,d. 3 



ALPHABETICAL CLASSIFICATION OF MERCHANDISB TRAFFIC. 



425 



Hardware — continued, 

l^atten rings cl. 3 

Patterns, travellers', hard- 
ware cl. 3 

Percussion cap shells cl. 3 

Pins, metal, in boxes cl. 3 

Plates, door cl. 3 

Plates, iron, enamelled . . . .cl. 3 

Pliers cL3 

Powder flasks cl. 3 

Pulley blocks, iron cl. 3 

Pulleys, iron cl. 3 

Pumps, hand, brass cl. 3 

Bailway carriage keys ....cl. 3 

Befrigerators cl. 3 

Riddles cl. 3 

Saddletrees cl. 3 

Scales and weights, letter . . cl. 3 
Screws, brass, copper, or zinc. cl. 3 
Screws, table expanding. . . .cl. 3 

Scythe blades cl. 3 

Scythes and sickles cl. 3 

Shears, garden and sheep . . cl. 3 

Ships' logs, metal cl. 3 

Shoe horns and pegs, metal- 
lic d. 3 

Show tablets, metal, enamel- 
led cl. 3 

Skates cl. 3 

Skewers, iron or steel cl. 3 

SnufiFers, iron or steel cl. 3 

Spanners cl. 3 

Spittoons, iron cl. 3 

Spring balances d. 3 

Springs, chair, sofa, mattress, 

door, or cart cl. 3 

Spurs cl. 3 

Stair rods , cl. 3 

Steelyards cl. 3 

Stirrups cl. 3 



Hardware — continued. 

Sugar nippers cl. 3 

Sweat scrapers, packed . . . .cl. 3 

Sjrringes, garden cl. 3 

Tacks cl. 3 

Taper holders, metal cl. 3 

Taps, brass cl. 3 

Terrets cl. 3 

Thimbles cl. 3 

Tinware, in casks or cases . . cl. 3 

Tips, brassed for boot heels . . d. 3 

Tobacco boxes, metal cl. 3 

Tools, carpenters', coopers', 
edge, joiners', masons', and 
shipwrights' cl. 3 

Traps, sink, brass or copper. . cl. 3 

Traps, yermin cl. 3 

Trays, iron or steel cl. 3 

Trivets, iron or steel cl. 3 

Trouser stretchers, iron, port- 
able cl. 3 

Trowels d. 3 

Tubes, brass or copper (except 
steam tubes), packed • . . .d. 3 

Umbrella fittings cl. 3 

Umbrella stretchers cl. 3 

Valves, brass cl. 3 

Ventilators, small, iron or brass, 
for buildings, packed .... d. 3 

Washers, brass or copper . . cl. 3 

"Weights, brass cl. 3 

Wire, copper or brass, packed 
in cases, casks, or in bags . . cl. 3 

Hares, dead cl. 4 

Haricot beans cl. 1 

Harness fittings, metallic 

packed d. 2 

Harness, e.o.h.p cl. 4 

Harrow shafts, tube iron or tube 

steel d. 2 

Hassocks cL 3 



426 



ALPHABETICAL CLASSIFICATION. 



Hat and umbrella stands, cast 
iron cl. 3 

Hat and umbrella stands, wood . d. 5 

Hat leathers cl. 4 

Hats, rush, in bales, trusses, and 
hampers cl. 3 

Hats, soft felt cl. 4 

Hats, except soft felt and rush . .cl. 6 

Hawkers' packs and trusses . .cl. 4 

Hay, hydraulic or steam prQsa 
packed C 

Hay, machine pressed, minimum 
40 cwt. per waggon cl. 1 

Hay, e.o.h p., minimum load 
30 cwt. per waggon cl. 2 

Hay forks, in cases cl. 2 

Hay forks, in bundles cl. 3 

Hay rakes, hand, in cases . . . .cl. 2 

Hay rakes, hand, e.o.h.p cl. 3 

Heads and staves, prepared for 
casks C 

Headstocks, iron or steel, for col- 
lieries cl. 1 

Heater bottoms (iron or steel) . . C 

Heel balls (shoemakers') . . . .cl. 3 

Helmets, metal, in cases or 
boxes cl. 3 

Helmets, felt, in casesor boxes . . cl. 5 

Helves, or tilt hammers C 

Hemp, in bales, hydraulic or 
steam press packed cl. 1 

Hemp, e.o.h.p cl. 2 

Hemp seed cl. 1 

Hemp waste cl. 1 

Herbs, green cl. 3 

Herrings, thoroughly cured in 
brine cl. 1 

Herrings, red, thoroughly 

cured cl. 1 

Herrings, sprats, in any state. . d. 2 

Hessians, jute cl. 2 

Hide cuttings cl. 1 



Hides, thoroughly salted or dry, 
in bales or bundles cl. 1 

Hides, e.o.h.p cl. 3 

Hinges, iron or steel • .cl. 2 

Hinges, brass cl. 3 

Hoes, hand d. 2 

Hoe head plates, in the rough . . C 

Hollow- ware, cast iron, nested 
and packed cl. 2 

Hollow-ware, iron, including 
kettles, pans, maslins (pots for 
boiling fruit), and water cans, 
in casks or crates cl. 3 

Hollow-ware, iron, including 
kettles, pans, maslins (pots for 
boiling fruit), and water cans, 
e.o.h.p cl. 4 

Hominy (grain) C 

Honey, in casks, or in jars packed 

in crates or cases cl. 3 

Honey, e.o.h.p cl. 4 

Hoof and horn waste, e.o.h.p. . . C 

Hoofs, horns, and horn tips, • 
bufEalo, cow, goat, ox, and 
sheep, packed cl. 1 

Hoofs, horns, and horn tips, 
buffalo, cow, goat, ox, and 
sheep, e.o.h.p cl. 3 

Hooks and eyes ol. 3 

Hooks, boot, button, hat, coat, 

reaping d. 3 

Hooks, ceiling cl. 2 

Hooks, clip, galvanised iron . .d. 2 

Hoop iron C 

Hoop steel C 

Hoops, iron C 

Hoops, weldless, in the rough . . C 

Hoops, wooden cl. 2 

Hop bitters d. 4 

Hops d. 3 

Horn blocks, in the rough, for 

locomotives C 



ALPHABETICAL CLASSIFICATION OF MERCHANBISB TRAFFIC. 



427 



Horn piths or elouglis C 

Horn waste, e.o.h.p C 

Horns, with slough .cl. 1 

Horns. See Hoofs. 

Horse clippers, packed in casks 

or cases cl. 3 

Horse shoe hars, iron C 

Horse shoes .cl. 1 

Horses (dead) cl. 5 

Hose, leather and canvas . . . . cl. 4 
Hosiery, in bales, packs, or 

trusses cl. 3 

Hosiery, e.o.h.p cl. 4 

Household linen and wearing ap- 
parel (exclusive of silk goods), 

e.o.h.p cl. 4 

Housings, chocks, standards, 
plain bed plates, pinions, 
coupling boxes, and spindles 
for rolling mills (iron and 

steel) C 

i^uckabacks cl. 3 

Hurdles, iron or wood, e.o.h.p. . .cl. 1 
Hurdles, iron or steel, on 

wheels cl. 3 

Hydraulic machinery and 

presses cl. 1 

Hygeian rock building composi- 
tion, in bags or casks C 

Ice cl. 2 

Incubators, complete cl. 4 

India rubber goods, except shoes 

and goloshes cl. 3 

India rubber, raw cl. 3 

Indian corn C 

Indigo cl. 5 

Infusorial earth or diatomite . . . . C 

Ingot moulds B 

Ink, except printers', in boxes, 
casks, or crates cl. 2 



Ink, printers' cl. 3 

Ink, e.o.h.p cl. 4 

Iron and steel, the following 
articles of — 

Anchors C 

Angle bars or plates G 

Anvils B 

Anvil blocks and cups G 

Anvils, hammers, and stand- 
ards for steam hammers . . . . C 
Axle box guides, in the rough, 

for locomotives C 

Axle boxes cl. 1 

Axle forgings, in the rough . . C 

Axles, in the rough C 

Axles and wheels (railway car- 
riage, railway waggon, tram, 

or corve) C 

Bar iron or steol, exceeding 
one cwt. per bar, in open 
trucks at request of trader. . B 

Bar, e.o.h.p C 

Bars for tin plate making . . . . B 

Beams C 

Bearers C 

Binders C 

Bolts and nuts C 

Boot protectors C 

Bridge work — 

Cantilevers G 

Cross and longitudinal gir- 
ders C 

Floor plates C 

Girders, whole or in part . . C 

Joists C 

Lattice bars C 

Screw and other piles, both 

hollow and soUd C 

Struts and ties C 

Bundles of bars C 



428 



ALPHABETICAL CLASSIFICATION. 



Iron and eteel — continued. 

Buoy sinkers B 

Caissons C 

Cannon balls and shot, and 

shells not charged B 

Cart bushes C 

Chain cables C 

Chains and traces, not packed C 

Clippings, shearings, and 

stampings of sheet iron and 

tin plates, in compressed 

bundles B 

Colliery tubbing C 

Columns C 

Corrugated iron C 

Crowbars C 

Curbing, for roadways C 

Cylinders, not turned, drilled, 

planed, or slotted C 

Dredger buckets and bucket 
backs cl. 1 

Eugine bed plates G 

Ferro-manganese, e.o.h.p C 

Filings B 

Galvanised iron C 

Gasometer sheets C 

Girders C 

Girder bars C 

Granulated iron C 

Gratings (man-hole, drain, 

pavement, area, or floor) . . C 
Hammer heads, in the rough . . C 

Heater bottoms C 

Helves, or tilt hammers C 

Hoop iron C 

Hoop steel C 

Hoops, iron C 

Hoops, weldless, in the rough C 
Horn blocks, in the rough, for 

locomotives C 



Iron and steel — continued. 

Housings, chocks, standards, 
plain bed plates, pinions, 
coupling boxes, and spindles, 

for rolling mills C 

Ingot moulds B 

Lamp posts C 

Malt kiln flooring (iron wire), 

packed in cases cl. 1 

Mortar mill rolls C 

Nail rods and sheets C 

Nails and spikes C 

Pans, annealing d. 1 

Pickblocks or pickheads, in the 

rough C 

Pipes (exclusive of rain-water 
pipes), gas, water, air, and 

steam 

Pipes, for blast furnaces . . . . C 
Plates- 
Annealing C 

Armour C 

Black, in boxes, or not packed C 

Boiler C 

Canada cl. 1 

Furnace C 

Glass rolling cl. 1 

Hoe-head, in the rough . . . . C 

Open sand, cast B 

Plough, in the rough C 

Bailway fish C 

Bough flooring C 

Ships C 

Shovel C 

Tank C 

Tin d. 1 

Press tops and bottoms, un- 
finished , 

Railway buffers, buffer heads, 
rods, and sockets cL 1 



ALPHABETICAL CLASSIFICATION OP MBBCHANDISB TRAFFIC. 429 



Iron and steel — continued. 

Hallway carriage and waggon 
work C 

Bailwaj chairs G 

Bailway points, crossings, or 
joints C 

Bail way rails C 

Kailway springs cl. 1 

Bailway spring steel cl. 1 

Ketorts, retort lids, and retort 
mouthpieces in the rough . . C 

Bings cl. 1 

Bivets C 

Bods, common C 

Bods (wire), rolled, not drawn C 

Bolls, turned or unturned, not 
polished or packed C 

Boofwork — 

Bed plates C 

Gutters C 

Bafters C 

Struts and ties or tie rods . . C 

Tun shoes for principals . . C 

Wind ties — 

Principals C 

Purlins C 

Wrought or cast iron sky bars C 

Scrap, minimum load four tons 
per truck B 

Scrap, minimum load three tons 
per truck C 

Scrap, e.o.h.p. cl. 1 

Shafts, for driving mill wheels, 

unfinished C 

Sheet iron, not packed C 

Shoe tips C 

Sleepers C 

Smiths' hearths cl. 1 

Spiegeleisen, e.o.h.p. .' C 

Standards for hurdles, packed C 

Standards for hurdles, not 
packed .cL 1 



Iron and steel — continued. 

Strips, not packed C 

Swarf B 

Telegraph posts C 

Telegraph stores — 

Blacked iron (cast) ridge 
chairs C 

Galvauised and blacked earth 
plates, in bundles C 

Galvanised and blacked iron 
loop rods 

Galvanised and blacked screw 

tighteners, packed 

Galvanised and blacked stay 

rods, in bundles C 

Galvanised and blacked stay 

tighteners C 

Iron poles, roofs, or caps . . 
Malleable cast-iron brackets, 

galvanised, packed C 

Tiles (roofing), painted, gal- 
vanised, or enamelled • . . . C 

Tinned iron in sheets, not 

packed d. 1 

Tip iron C 

Tram couplings cl. 1 

Traps, sink and stench . . . .cl. 1 

Trawl heads C 

Trunnions, unfinished C 

Tubes and fittings for tubes 

(except electro-coppered or 

coated with brass) C 

Tyres and tyre bars, in the 
rough C 

Wall boxes C 

Wall brackets C 

Weights C 

Wire (iron), not packed or 

wrappered C 

Wire iron, rolled in rods or 

coils, not packed 



430 



ALPHABETICAL CLASSIFICATION, 



Iron and steel — continued. 

Wire rope, old, cut in pieces . . B 
Wire (steel), not packed or 
wrappered C 

Iron, hoop C 

Iron, liquor or muriate of . . . . cl. 2 

Iron, nitrate of cl. 2 

Iron ore A 

Iron ore refuse, for gas purifying B 

Iron, pig B 

Iron, plate or sheet, annealed, cl. 1 

Iron pyrites, unbumt and burnt A 

Ii'on, scrap, minimum load 3 tons 
per truck C 

Iron, scrap, e.o.h.p d. 1 

Iron, sheet, not packed C 

Iron stone A 

Iron, tinned, in sheets, not 
packed cl. 1 

Iron, tip C 

Isinglass cl. 5 

Ivory black , cl. 2 

Ivory waste or dust cl. 2 

Ivory, e.o.h.p cl. 6 

Jacks, small cl. 3 

Japanned ware, in casks or 

cases cl. 3 

Japanned ware, e.o.h.p cl. 4 

Japan wax cl. 2 

Jars, earthenware or stone- 
ware cl. 2 

Jet cl. 5 

Jews' harps cl. 3 

Joiners' work (common wood), 
headings and mouldings (not 
gilt, lacquered, or varnished), 
doors and door frames, fittings 
and fixtures for buildings, stair- 
cases, ballusters, and handrails, 
window sashes and frames, and 
shutters cl. 3 



Juniper berries cl. 3 

Jute cl. 1 

Jute waste, for paper making, .cl. 1 

Kainit B 

Keel bars C 

Kelp cl. 1 

Kilting machines, in parts, 
packed d. 4 

Kilting machines, fitted up, 
packed cl. 6 

Kips, thoroughly salted or dried, 
in bales or bundles cl. 1 

Kips, e.o.h.p cl. 3 

Kitchen fire-place stands . . . . cl. 3 

Kitool fibre cl. 2 

Knapsacks, soldiers' cl. 4 

Knife boards cl. 2 

Knitting machines, in parts, 
packed cl. 4 

Knitting machines, fitted up, 
packed cl. 5 

Knitting pins cl. 3 

Knives or blades for cutting ma- 
chines cl. 3 

Knobs, range, iron or steel . .cl. 3 

Knobs, door cl. 3 

Knockers, door cl. 3 

Lac cl. 4 

Lace, British, not silk cl. 4 

Lace cl. 5 

Laces, boot or stay, cotton or 
leather cl. 3 

Laces, boot or stay, e.o.h.p. . .cl. 4 

Ladders, iron cl. 1 

Ladders, wooden cl. 2 

Ladles, puddlers' cl. 1 

Ladles (not puddlers'), iron . .cl. 3 

Laminated lead cl. 2 

Lamp black cl. 3 

Lamp burners cl. 3 

Lamp, chimney (glass) cl. 3 



ALPHABETICAL CLASSIFICATION OF MBRCHANDISE TRAFFIC. 



431 



Lamp frames (street) cl. 3 

Lamp- posts, iron and steel . . . . C 

Lamp reflectors cl. 3 

Lamp- wick cl. 3 

Lamps, paraffin, in parts (except 
china or earthenware), packed 
in casks and cases cl. 3 

Lamps cl. 4 

Lanterns, tin or iron cl. 3 

Lard oil, in casks or iron drums, 
round or tapered at one end d. 1 

Lard, in casks, boxes, tins, or 
tubs with lids cl. 2 

Lard, in bladders, in crocks, in 
wood, or in tubs or tins with- 
out lids cl 3 

Lard, e.o.h.p. .cl. 5 

Lasts, iron cl. 1 

Lasts, wooden cl. 2 

Latches, door cl. 3 

Lathe beds cl. 1 

Lavatory stands and basins, 
earthenware, complete, ena- 
melled cl. 3 

Lawn mowers, packed cl. 3 

Lawn mowers, not packed . . . . cl. 4 

Lawn tennis implements . . . .cl. 4 

Lead ashes, in bulk B 

Lead ashes, in bags cl. 1 

Lead, laminated cl. 2 

Lead, nitrate of cl. 1 

Lead ore C 

Lead, old or scrap cl. 1 

Lead pencils cl. 3 

Lead piping, in cases or casks .cl. 1 

Lead piping, e.o.h.p cl. 2 

Lead, rod cl. 1 

Lead, sheet cl. 1 

Leather cuttings or parings, 
waste cl. 1 

Leather, undressed, except in 
cases or crates « cl. 2 



Leather, e.o.h.p cl. 3 

Leather leggings , . .cl. 4 

Lemon peel and citron peel . . cl. 1 

Lemon and lime juice, in cases 
or casks cl. 2 

Lemon and lime juice, e.o.h.p. . . cl. 3 

Lemons cl. 2 

Lentils « C 

Life buoys cl. 3 

Lime, in bulk B 

Lime, e.o.h.p C 

Limestone, in bulk A 

Limestone, polished or dressed.. cl. 3 

Lime salt C 

Lime water, in casks cl. 1 

Lime water, e.o.h.p cl. 3 

Lime, waste, sulphate of A 

Lincrusta and anaglypta decora- 
tive wall papers cl. 3 

Linen cloth, packed cl. 3 

Linen, grey, unbleached . . . .cl. 2 

Linen, waste, for paper making, 

hydraulicorstcam press packed C 
Linen, waste, for paper making . cl. 1 

Linen, waste, e.o.h.p cl. 2 

Linen yam, press packed in 

bundles or bales cl. 2 

Linen yam, or grey linen, 
e.o.h.p cl. 3 

Linseed (grain) , C 

Linseed oil, in casks or iron 
drums, round or tapered at 
one end • cl. 1 

Lint cl. 4 

Liquorice • . . . cl. 3 

Litharge cl. 1 

Lithographic stones cl. 4 

Litter (moss or peat), hydraulic 

or steam press packed B 

Loam B 

Lobsters (fresh flsh) .d, 4 



432 



ALPHABETICAL CLASSIFICATION. 



Locks and keys cl. 3 

Locomotive eng^es and tenders, 
loaded in railway companies' 
waggons cl. 2 

Locusts or charubs C 

Logwood C 

Logwood liquor cl. 2 

Looking glass frames (common), 
wood (not gilded, or Dutch 
metalled)* cl. 3 

Looking glass frames, e.o.h.p. . .cl. 5 

Looking glasses and mirrors, 
glass cl. 5 

Looms, not packed cl. 4 

Lubricating mineral oil, in casks 
or iron drums, round or tapered 
at one end cl. 1 

Luggage or baggage, personal . cl. 4 

Lustres and vases, glass cl. 5 

Maccaroni • d. 3 

Machinery, in parts, in cases, 
e.o.h.p cl. 2 

Machinery, in parts, not packed, 
e.o.h.p cl. 4 

Machines, fitted up, packed, 

e.o.h.p d. 3 

Machines, fitted up, not packed, 

e.o.h.p cl. 4 

Madders cl. 2 

Magnesia cl. 3 

Magnesia, roug^, oxide of, in 

cases or casks C 

Magnesium metal cl. 5 

Magnesium, chloride of, in casks. C 

Magnets cl. 3 

Maize C 

Malleable iron castings d. 1 

Malt C 

Malt crushers cl. 4 

Malt culms or cumming C 

• In the schedules of G. E. Rv., G. N. 
Ry., G. W. Ry., L. & N. W. Ry., L. & 
8. W. Ry., L. B. & S. C. Ry., L. C. & D. 
Ry., Mid. Ry., and S. E. Ry. The words 
« not gilded " only are in bracketsi 



Malt, extract of d. 4 

Malt, kiln, flouring (iron wire), 
packed in cases cl. 1 

Manganate of soda, crude, in 
casks C 

Manganese ore B 

Manganiferous iron ore, for iron 
making A 

Mangel-wurzel, in bulk, for feed- 
ing cattle B 

Mangel-wurzel, e.o.h.p C 

Manure, street, stable, farm- 
yard, in bulk A 

Manure, other than street, stable, 
farmyard, in bulk B 

Manure, e.o.h.p C 

Maps, in boxes or cases cl. 4 

Maps, e.o.h.p d. 5 

Marble, in blocks, rough C 

Marble, packed and in slabs, 
cemented together d. 3 

Marble chips, for pavement, in 
sacks C 

Marble, chip, pavement cl. 1 

Marbles, children's d. 2 

Margarine, in casks, firkins, or 
boxes, or in tubs with wooden 
lids cl. 2 

Margarine, in crocks, in wood, 
or in crocks when packed with 
straw, in baskets cl. 3 

Margarine, in baskets, flats, or 
hampers, or in tubs without 

lids d. 4 

Margarine, in crocks, e.o.h.p. . . d. 6 

Marquees or tents d. 3 

Mastic d. 3 

Match-boxes, japanned or ena- 
melled, tin, new, empty, 

packed cl. 3 

Match-boxes, empty, e.o.h.p.. .d. 6 
Matchetts d. 3 



ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 



433 



Mats and matting, e.oJi.p cl. 3 

Mats, skin •••••..••• .d. 4 

Mattresses • d. 4 

Meal C 

Meat, fresh cl. 4 

Moat pies • • • .cl. 4 

Meat safes d. 4 

Megass, hydraulic or steam press 
packed , C 

Megass, machine pressed . . . .cl. 1 

Megass (not hydraulic or steam 
press packed, or machine 
pressed), in full truck loads 
or in consignments of 20 cwt. . d. 3 

Megass, e.o.h.p cl. 4 

Menhadden oil, in casks or iron 
drums, round or tapered at 
one end • d. 1 

Merinoes, in bales, packs, or 
trusses • cl. 3 

Mexican fibre, hydraulic or steam 
press packed C 

Mexican fibre, machine pressed . cl. 1 

Mexican fibre (not hydraulic or 
steam press packed or machine 
pressed), in full truck loads or 
m consignments of 20 cwt. . . cl. 3 

Mexican fibre, e.o.h.p cl. 4 

Mica cl. 3 

Middlings C 

Military ornaments, except gold, 
silver, or plated cl. 3 

Military ornaments, e.o.h.p. . . d. 6 

Milk* d. 3 

Milk cans and pans cl. 3 

Millboard cl. 1 

Millboard rollers for winding 
paper in cases cl. 3 

Millet C 

Millinery d. 6 

* For milk by passenger trains, see 
p. 211. 

P. 



Millstones in the rough C 

Millstones, finished cl. 2 

Mincing machines cl. 4 

Mineral and aerated waters, in 
cases and casks cl. 1 

Mineral and aerated waters, 
e.o.h.p cl. 2 

Mineral, white C 

Models, clay cl. 6 

Molasses cl. 1 

Molusoorium cl. 2 

Mops • • cl. 3 

Mordant liquors, including alum 
liquor, dunging liquor, and red 
liquor cl. 2 

Morphia, in bottles or hampers . .cl. 6 

Mortar mill rolls ••....... C 

Mortar miUs cl. 1 

Mortars and pestles, iron or 
steel cl. 3 

Mortars and pestles, marble . .cl. 3 

Moss, packed , cl. 3 

Moss, e.o.h.p cl. 6 

Moulders, black or dust C 

Mungo d. 2 

Muriate of ammonia cl. 1 

Muriate of manganese C 

Muriate of potash C 

Mushroom pulp cl. 2 

Mushroom spawn cl. 2 

Mushrooms cl. 4 

Musical instruments cl. 6 

Muslin, book, if packed in bales, 

packs, or trusses cl. 3 

Muslin, book, e.o.h.p. , cl. 4 

Mudins , cl. 6 

Mustard in casks, cases, boxes, 

or bags cl. 2 

Mustard, e.o.h.p cl. 3 

Mustard seed cl. 1 

Myrabolams C 

FF 



434 



ALPHABETICAL CLASSIFICATION. 



Nail (iron) cutting machines • .cl. 1 

Nail rods and sheets C 

Nails and spikes (iron or steel) . . C 

Nails and rivets, brass or copper cl. 3 

Nailfl, zinc cl. 2 

Nectarines (ripe fruit, not hot- 
house) cl. 3 

Needles, in tin-lined cases . . . .cl. 3 

Needles, e.o.h.p cl. 4 

Netting, old, for paper making*. . C 

Netting of iron wire cl. 2 

Netting, cotton and twine . . . .cl. 3 

Nickel cl. 3 

Nickel ore cl. 2 

Niger oil, in casks or iron drums, 
round or tapered at one end cl. 1 

Night soil A 

Nitrate of baryta . . - cl. 3 

Nitrate of copper in casks . . . . cl. 2 

Nitrate of copper in jars or stone 
bottles, covered -with wicker 
basket work • • .cl. 6 

Nitrate of iron cl. 2 

Nitrate of lead d. 1 

Nitrate of soda • C 

Nitrate of silver cl. 6 

Nitre cake » C 

Nut crackers, except gold, silver, 
or plated «cl. 3 

Nut crackers, e.o.h.p d. 6 

Nutmegs cl. 6 

Nuts, e.o.h.p d. 2 

Oakum cl. 2 

Oars oL 3 

Oat dust C 

Oats C 

Ochre C 

Oil-cake C 

OUcloth d. 3 

Oilcloth cuttings, for paper 
making cl. 1 



OUs, not dangerous, in casks or 
iron drums, round or tapered 
at one end, as follows : — 
Carbolineum avenarius .... 

Castor 

Cocoanut 

Cod 

Cod liver 

Colza 

Cotton seed • 

Earth nut or ground nut . . 

Haddock 

Herring 

Lard 

Linseed 

Lubricating mineral 

Monhadden . % 

Niger 

Oleic 

Oleine or tallow 

Palm 

Palm nut 

Pine 

Bape seed 

Bosin.. ., 

Seal 

Shale, crude 

Soap • 

Sod 

Sperm ••..••••.. 

Tar, mineral • 

Train 

Whale 

Wool or cloth 

Oils, not dangerous, in casks or 
iron drums, round or tapered 
at one end, e.o.h.p cl. 2 

Oils, not dangerous, e.o.h.p. . .d. 3 

Old sails and old tarpaulins, for 
paper making C 

Old or scrap lead cl. 1 



ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 435 



Oleic add, in casks cl. 3 

Oleic acid, e.o.h.p d. 4 

Oleic oil, in casks or iron drams, 
ground or tapered at one end . . cl. 1 

Oleine or tallow oil, in caaks or 
iron drums, round or tapered 
at one end cl. 1 

Onions cl. 1 

Optical instruments cl. 5 

Orange-peel cl. 1 

Oranges d. 2 

Orchilla weed cl. 2 

Organs and organ-work d. 5 

Ornaments for saddlery, brass, 
iron, or steel d. 3 

Ornaments for uniform, except 
' gold or silver plated cl. 3 

Ornaments for uniform, e.o.h.p. d. 6 

Osiers, twigs, and willows, 
green and wet « cl. 1 

Osiers, twigs, and willows, white 
or stained d. 3 

Osnaburgs cl. 3 

Overmantels, cast-iron, with 
mirrors 

Oxalic acid cl. 3 

Oxide of iron C 

Oysters cl. 4 

Paints, in casks or iron drums, or 

in tins, packed in cases . . . . cl. 2 
Paints, in cans, hampers, boxes, 

or iron bottles cL 3 

Paints, in jars d. 5 

Palisades, iron d. 2 

Palliasses, straw cl. 3 

Palmetto leaf, hydraulic or steam 
press packed C 

Palmetto leaf, machine pressed .d. 1 

Palmetto leaf (not hydraulic or 
steam press packed, or machine 
pressed), in full truck loads, or 
in consignments of 20 cwt. . . cl. 3 

F 



Palmetto leaf, e.o.h.p d. 4 

Palm leaves cl. 2 

Palm oil, in casks or iron drums, 

round or tapered at one end . . d. 1 

Palm nut oil, in casks or iron 

drums, round or tapered at one 

end d. 1 

Panoramas and theatrical 
scenery d. 4 

Pans, ash d. 3 

Pans, annealing (iron or steel) .cl. 1 

Pans, chemical or dye, iron or 

steel d. 3 

Pans, copper, for closets cl. 3 

Pans, copper d. 4 

Pans, dust d. 3 

Pans, earthenware or iron, for 
sanitary purposes cl. 3 

Pans, warming cl. 3 

Paper, for news printing, pack- 
ing, or wrapping cl. 1 

Paper, in rolls, for printing paper 
hangings cl. 1 

Paper collars, cufPs, and shirt 
fronts cl. 3 

Paper, emery, sand, and to- 
bacco d. 2 

Paper, gummed for labels cl. 3 

Paper hangings, common, in 
bales cl. 2 

Paper hangings, e.o.h.p d. 3 

Paper tubes, for caps cl. 3 

Paper, e.o.h.p cl. 3 

Papier mach6 goods d. 5 

Paraffin and petroleum oils, in 
owner's tank waggons, not 
giving off inflammable vapour 
under 73° Fahrenheit when 
tested in the manner set forth 
in the Petroleum Act, 1879 . . cl. 2 

Paraffin scale d. 1 

Paraffin wax d. 1 

f2 



436 



ALPHABETICAL CLASSIFICATION. 



Parchment d. 6 

Parian, in casks or crates ... .el. 2 

Parian, in hampers d. 3 

Parian, in boxes or cases . . . .cL 4 

Parsnips C 

Pasteboard cL 1 

Patten rings el. 3 

Pattens, in casks, cases, or 
boxes cl. 3 

Pattens, e.o.h.p cl. 4 

Patterns, trayellers*, hardware d. 3 

Patterns, wood, for castings . .cL 4 

Peaches (ripe fruit, not hot- 
house) cl. 3 

Pearl hardening for paper- 
making C 

Pearl shells cl. 3 

Pears, minimum 20 cwt. per 
waggon cl. 1 

Pears, e.o.h.p cl. 2 

Peas, dried or split C 

Peat B 

Pelts, wet, from tanners, in casks 
or bags C 

Pelts, wet, from tanners, not 

packed d. 1 

Pelts, e.o.h.p d. 2 

Penholders, wood or metal, ex- 
cept gold or silver plated . .cl. 3 

Penholders, e.o.h.p cl. 6 

Pens, steel d. 4 

Pepper cl. 3 

Perambulators, complete or in 

parts d. 5 

Percussion cap shells cl. 3 

Percussion caps, uncharged . .cl. 3 
Perforating and paper-cutting 

machines d. 4 

Perfumery d. 6 

Petroleum grease or petroleum 
jelly cl.3 



Pewter d. 2 

Phosphorus paste (vermin killer), 
packed d. 6 

Photographic apparatus cL 5 

Piassav a, hydraulic steam or press 
packed cl. 1 

Piassava, e.o.h.p., minimum 20 
cwt. per waggon cL 2 

Piassava, e.o.h.p d. 3 

Pickaxes d. 2 

Pick blocks or pick heads, in the 
rough (iron or steel) C 

Pick blocks or pick heads, iron 
or steel, e.o.h.p .cl. 1 

Picker bends d. 2 

Pickles, in boxes, cases, or 
casks cl. 2 

Pickles, e.o.h.p cL 3 

Picture frames, conmion, wood 
(not gilded)* or Dutch met- 
alled d. 3 

Picture frames, e.o.h.p cL 6 

Pictures cL 6 

Pig iron B 

Pig lead C 

Pigs, dead, in carcase, not packed 
or wrapped, carried in open 
waggons at trader's request . . d. 1 

Pimento cl. 2 

Pine apples, not hot house, 
packed cl. 4 

Pine apples, e.o.h.p d. 6 

Pine oil, in casks or iron drums, 
round or tapered at one end . . cL 1 

Pins, iron or steel C 

Pins, metal cl. 3 

Pipe clay C 

Pipes, air, for ventilators . . . .d. 1 

Pipes, brass or copper d. 4 

Pipes, draining, common, for agri- 
cultural draining B 

* lli« bradcets are so. 



ALPHABETTCAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 



43; 



Pipes (iron or steel, exclusive of 
rain water pipes), gas, water, 

air, and steam C 

Pipes (iron or steel) for blast 

furnaces C 

Pipes, rain water, for spoutings 
and their connections, cast 

iron d. 2 

Pipes, smoking d. 4 

Pistols cl. 4 

Piston rods, steel cL 2 

Pit cages , . .cl. 1 

Pitch, coal tar, in blocks B 

Pitch, e.o.h.p C 

Pitwood, for mining purposes . . C 
Plaiting machines, in parts, 

packed cl. 4 

Plaiting machines, fitted up, 

packed cl. 5 

Plants, e.o.h.p cl. 3 

Plants and shrubs (garden) in 
baskets, mats, pots, or tubs. .cl. 5 

Plaster C 

Plaster slabs, fibrous cl. 1 

Plaster stone, in lumps, unground B 
Plate or sheet iron, annealed . .d. 1 

Plated goods cl. 4 

Plates, door cl. 3 

Plates, iron, enamelled cl. 3 

Plates, iron or steel — 

Open, sand cast B 

Annealing C 

Armour C 

Black, in boxes or not packed C 

Boiler C 

Furnace C 

Hoe head, in the rough C 

Plough, in the rough C 

Bailway fish C 

Bough flooring C 



Plates, iron or steel — continued. 

Ships • C 

ShoTcl C 

Tank C 

Canada cl. 1 

For glass rolling d. 1 

Tin cl. 1 

Platinum cl. 5 

Pliers cl. 3 

Ploueh arm and share moulds 
and moulding, iron or steel d. 1 

Plough bodies, breasts, colters, 
side caps, frames, or rests, iron 
or steel cl. 1 

Plough plates, in the rough (iron 
or steel) C 

Plough plates, finished, iron or 
steel cl. 1 

Plough shafts, tube iron or tube 
steel cl. 2 

Plough shares, iron or steel, in 

the rough C 

Plough shares, finished, iron or 

steel cl. 1 

Plough dades and wheels, iron or 

steel cl. 1 

Plumbago d. 2 

Plumbago ore C 

Plums, dried, in fancy boxes . .d. 4 

Plush silk cl. 5 

Polishing paste d. 2 

Pollards or thirds (grain) ', C 

Porcelain cl. 4 

Pork in brine d. 2 

Portmanteaus cl. 5 

Posts, iron or steel, for wire 

fencing C 

Potatoes in bulk or in sacks . . . . C 
Pots, iron, for melting iron . . . . C 

Potsherds B 

Poultry, dead d. 4 



438 



ALPHABETICAL CLASSIFICATIOX. 



Poultry, alive cl. 6 

Poultry pens, wire, folded . . . .d. 2 

Prawns (fresh fish) cl. 4 

Powder flasks : d. 3 

Preserved g^inger cl. 4 

Preserves (fish, fruit, meat, and 
provisions), in casks, boxes, or 
cases cl. 2 

Preserves (fish, fruit, meat, and 
provisions), e.o.h.p., in crates 
or baskets cl. 3 

Preserves (fish, fruit, meat, and 

provisions), e.o.h.p cl. 4 

Press tops and buttons, unfinished C 

Principals (wind ties) C 

Printed matter, not bound . . . .cl. 2 

Provender, green cl. 1 

Provender, horse or cattle, hy- 
draulic or steam press packed cl. 1 

Provender, horse or cattle, 
o.o.h.p cl. 2 

Prunes in casks or mats cl. 2 

Puddled bar, iron B 

Pulley blocks, wood or iron . .d. 3 

Pulleys, iron d. 3 

Pumice stone d. 1 

Pumping machines d. 1 

Pumps (except hand pumps, brass) 

and pump castings, e.o.h.p. . .cl. 1 
Pumps and pump castings, in 

cases cl. 2 

Pumps and pump castings, 
e.o.h.p d. 3 

Pumps, hand, brass d. 3 

Punchiug bears cl. 1 

Purple ore A 

Putty, e.o.h.p cl. 1 

Pyrites, e.o.h.p C 

Pyrites, iron, unbumt and burnt A 

Quarls B 

Quicks, e.o.h.p cl. 3 



Quicksilver d. 6 

Quills d. 6 

Babbit fur or hatters' wool . .cl. 8 

Babbits, dead d. 4 

Baffia d. 8 

Baf ters (iron or sted) C 

Bags, not oily, hydraulic or steam 
press packed C 

Bags, not oUy d. 1 

Bags, pulled d. 2 

Bailway buffers, buffer heads, 
rods, and sockets (iron or 
Bteel) d. 1 

Bailway cards and tickets . . . .cl. 3 

Bailway carriage and waggon 
work (iron and steel) C 

Bailway carriage keys d. 8 

Bailway chairs (iron and steel). . C 

Bailway cotters C 

Bailway fish plates (iron or 
steel) C 

Bailway keys, wooden C 

Bailway points, crossings, or 
joints (iron or sted) C 

Bailway rails (iron or sted) . . . . C 

Bailway springs d. 1 

Bailway springs, sted d. 1 

Bailway waggon bodies cl. 2 

Bailway waggon bodies, fitted 

togetiier cl. 2 

Bailway waggon brasses . . . .cl. 2 
Bailway waggons and other rail- 
way vehicles loaded in other 

waggons C 

Bain-water pipes for spoutings 
and their connexions, cast 

iron ....d. 2 

Baisins d. 2 

Bape seed oil, in casks or iron 
drums, round or tapered at one 
end d. 1 



ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 439 



Baspberries (ripe, not hot- 
house) (i. 3 

Easpberries, in tubs for jam . .d. 2 

Bassor strops cl. 4 

Eedlead cl. 1 

Bed mullet (fresh fish) cl. 4 

Beeds and rushes cl. 4 

Beed webbing, for ceilings . .d. 2 

Beels, for garden hose d. 3 

Beflectors, glass, with metal 
backs cl. 4 

Befrigerators cL 3 

Bennet cl. 3 

Betorts, day cl. 1 

Betorts, firebrick d. 1 

Betorts, glass d. 6 

Betorts, retort lids, and retort 
mouth pieces, in the rough 
(iron and steel) C 

Bevalenta arabica d. 2 

Bhubarb, and rhubarb roots . .d. 2 

Bibbons d. 5 

Bice C 

Bice points or husks C 

Bick poles and covers d. 3 

Biddies d. 3 

Bidges, cement or stone, for roof- 
ing C 

Bidges, date C 

Bifles d. 4 

Bings (iron and steel) d. 1 

Bivets, iron and steel C 

Bivets, brass or copper cl. 3 

Biveting machines d. 1 

Bizine cl. 2 

Boad scraping and road sweep- 
ing machines cl. 3 

Bock crystal d. 3 

Bock salt B 

Becking horses cl. 6 

Bod lead d. 1 



Bods, common (iron and steel) . . C 
Bods (wire), rolled, not drawn . . C 

Boilers, brass or copper d. 6 

Boilers, garden or hand cl. 1 

Boilers, type printers' cl. 4 

Bolls (iron or steel), turned or 
unturned, not polished or 

packed C 

Bolls, iron, e.o.h.p cl. 2 

Boof work (iron and steel) — 

Bed plates C 

Ghitters C 

Bafters C 

Struts and ties, or tie rods. . . . C 

Tun shoes for principals C 

Wind-ties— C 

Principals C 

Purlins C 

Wrought or cast iron sky bars . C 

Bopes d. 2 

Bopes, old, for paper making . . C 

Bopes, wire cl. 2 

Bosin cl. 1 

Bosin oil, in casks or iron drums 
round or tapered at one end.cl. 1 

Botten stone cl. 1 

Bugs, hearth, except skin .... d. 3 

Bye C 

Saccharine, in casks, bags, pails, 

cans cl. 1 

Sacks d. 2 

Sad irons, packed cl. 1 

Sad irons, e.o.h.p cl. 2 

Saddlery or harness, in tin-lined 

cases or casks cl. 3 

Saddlery, e.o.h.p cl. 4 

Saddle trees cl. 4 

Safes, iron or steel cl. 2 

Sago cl. 2 

Sago flour C 



440 



ALPHABETICAL CLASSIFICATION. 



Salammoniac d. 1 

Salmon (fresh) cl. 4 

Salt, in bulk B 

Salt, packed C 

Salt, cake C 

Salt, rock B 

Saltpetre d. 1 

Sand A 

Sand, glass and silver C 

Sanitary tubes C 

Sauces, in boxes, cases, or casks d. 2 

Sauces, e.o.b.p d. 3 

Sausages and saveloys cl. 4 

Sawbencb macliines, portable, 

packed cl. 3 

Sawbench machines, portable, 

not packed cl. 4 

Sawdust C 

Sawing machines, for sawing 

iron cl. 1 

Scale beams and scales d. 3 

Scales and weights, letter . . . . cl. 3 

Scoops, iron cl. 2 

Scoops, wood cl. 3 

Scouring rock C 

Scrap iron and sted, minimum 

load four tons per truck B 

Scrap iron and steel, minimum 

load three tons per truck . . . . C 

Scrap iron, e.o.h.p d. 1 

Scrap tin cl. 1 

Scrap zinc d. 2 

Screw jacks, iron d. 1 

Screw jacks, except iron d. 3 

Screw propeller blades C 

Screw propellers cl. 2 

Screws, brass, copper, or zinc. .cl. 3 

Screws, table expanding d. 3 

Scrolls, iron (for fixing springs 

to carts and carriages) cl. 2 



Scrows, wet from tanners, in 
casks C 

Scrows, dry, in casks or bags. .d. 1 

Scrows, wet from tanners, not 
packed cl. 1 

Scrows, e.o.h.p d. 2 

Scythe blades cl. 3 

Scythe sneds or handles cl. 3 

Scythes and sickles cl. S 

Sealing wax cl. 3 

Seal oil, in casks or iron drums 

round or tapered at one end cl. 1 

Seal pipes or valves, iron or steel d. 1 

Seal skins, wet and salted . . . .cl. 2 

Seal skins, e.o.h.p cl. 4 

Seal skins, made into articles of 
wearing apparel cL 5 

Seaweed, dry, or alga marina, .cl. 2 

Seaweed, edible cL 3 

Seeds, agricultural, e.o.h.p. . .d. 2 

Seeds, for crushing, for oil C 

Seeds, e.o.h.p d. 4 

Semolina d. 2 

Serpentine, manufactured, 
packed d. 5 

Sewing machines, in parts, 
packed d. 3 

Sewing machines, fitted up, 
packed cL 6 

Sewing machine stands, in parts, 
packed in cases or frames . .d. 3 

Sewing machine stands, e.o.h.p. cL 4 

Shafts, cart cl. 3 

Shafts, for driving mill-wheels, 
tmfinished (iron and steel) . . . . C 

Shafts, for driving mill-wheels 
(wrought iron), finished . . , . d. 1 

Shafts, gig, carriage, or dog cart, 
not painted or varnished. . . .cl. 3 

Shafts, gig, carriage, or dog cart, 
not painted or varnished, 
e.o.h.p d. 4 



ALPHABBTICAL CLASSIFICATION OF liERCHANDISE TRAFFIC. 



441 



Shafts of screw propellers or 
paddle wheels, iron or steel . . C 

Shakings from cotton mills, for 
paper making C 

Shale oil, crude, in casks or iron 
drums round or tapered at one 
end cl. 1 

Sharps or seconds (grain) C 

Shavings, wood d. 3 

Shears, garden and sheep . . . .cl. 3 

Sheep dipping powder cl. 1 

Sheep racks d. 4 

Sheep skins, in casks and tho- 
roughly salted or dry, in bales 
or bundles d. 1 

Sheep skins, e.o.h.p cl. 3 

Sheep wash d. 1 

Sheet iron, not packed C 

Sheet lead d. 1 

Sheet steel d. 3 

Sheets, wool, new d. 2 

Shellac cl. 3 

Shelling (grain) C 

SheUs cl.3 

Ships' blocks cl. 3 

Ships' logs, metal cl. 3 

Ships' masts cl. 2 

Ships' plates (iron and steel) . . . . C 

Ships' sails, finished cl. 3 

Ships' stern or rudder frames, .d. 1 

Ships' ventilators d. 2 

Shirts, cotton, woollen, and linen, 
in bales, packs, trusses, and 
hampers cL 3 

Shirts, e.o.h.p d. 4 

Shoddy d. 2 

Shoe horns and pegs cl. 3 

Shoe tips (iron and steel) C 

Shoemakers' wax d. 2 

Shoes and boots, including go- 
loshes and leather cut into sole 
shapesyin casks,cases,or boxes cl. 3 



Shoes and boots, including as 
above, in hampers (white 
rod) cL 4 

Shoes and boots, including as 
above, e.o.h.p cl. 5 

Shot belts d. 3 

Shot lead in bags, packed in 
cases cl. 1 

Shot lead, e.o.h.p cl. 2 

Shovel plates, iron or steel, 
fimshed cl. 1 

Show cards (cardboard), un- 
framed cl. 3 

Show cards, e.o.h.p cl. 4 

Show cases, for shops, glass, and 

woodwork cl. 6 

Show tablets, metal, enamelled .cl. 3 

Shrubs and trees, e.o.h.p d. 4 

Shudes (grain) C 

Shumac C 

Shumac liquor cl. 2 

Shutters, revolving wooden . .d. 3 

Shuttles, weavers' cl. 3 

Signal posts (railway) and ma- 
terials belonging thereto . . . . cl. 2 

Silicate cotton or slag wool, in 
casks or bags cl. 1 

Silicate cotton or slag wool, 
e.o.h.p cl. 2 

Silicate of soda C 

Silk cl. 6 

Silver, nitrate of d. 6 

Silver ore cl. 3 

Silver precipitate cl. 6 

Sinks, cast iron, not enamelled .d. 2 

Sinks, enamelled d. 3 

Sink traps, earthenware or fire 
clay d. 1 

Size, in cases or casks d. 1 

Size, e.o.h.p d. 2 

Skates cl. 3 

Skewers, iron or steel cl. 3 



442 



ALPHABETICAL CLASSIFICATION. 



Skid pans, or waggon slippers, 
iron d. 1 

Skimmings, flux, lead, tin, or 
zinc B 

Skins, fine, including deer, fox, 
kid, musquash, and nutria, .cl. 4 

Skins, hare and rabbit d. 3 

Slabs. See Slate Slabs. 

Slack A 

Slag or scoria, blast furnace .... A 

Slag, glass, refuse from glass 
works C 

Slate beds of billiard tables, 
packed in cases cl. 3 

Slate, ground, for cement C 

Slate pencils cl. 2 

Slate slabs, in the rough, or 
roughly squared or planed, 
not packed B 

Slate slabs, not polished or 
enamelled, in cases d. 1 

Slate slabs, e.o.h.p d. 3 

Slates, common B 

Slates, writing d. 2 

Sleepers, iron and steel C 

Slummage C 

Smelts, fresh (fish) cl. 4 

Smiths' hearths (iron and steel) .cl. 1 

Snuff cl. 4 

Snuffers (iron or steel) cl. 3 

Soap cl. 1 

Soap oU, in casks or iron drums 
round or tapered at one end .cl. 1 

Soap, stone C 

Sod oil, in casks or iron drums 
round or tapered at one end.cl. 1 

Soda C 

Soda, acetate of d. 1 

Soda ash C 

Soda, bicarbonate of, in casks . . C 

Soda, bicarbonate of, in boxes, 
crates, or hampers d. 2 



Soda, bichromate of, in casks, .cl. 1 

Soda, bichromate of, e.o.h.p. . .cl. 3 

Soda, chlorate of, packed in 
hampers or casks d. 2 

Soda, silicate of C 

Soda, sulphate of C 

Soda, stannite of d. 2 

Solder d. 1 

Sole bars, wooden C 

Sole plates, iron or steel, for 

steam hammers C 

Soles (fresh fish) d. 4 

Soot C 

Spades and shoyels, iron or 
steel cl. 2 

Spades and shovels, wooden , .cL 4 

Spade trees d. 1 

Spanners • 'cl. 3 

Spar, in the rough, in bulk . . . . B 

Spar, g^und C 

Spelter, in plates or ingots C 

Spelter sheets, in casks or 
cases cl. 1 

Spelter sheets, e.o.h.p cl. 2 

Spermaceti cl. 4 

Sperm oil, in casks or iron drums 

round or tapered at one end.d. 1 

Spetches, wet from tanners, in 
casks C 

Spetches, wet from tanners, not 
packed d. 1 

Spetches, dry, in casks or bags d. 1 

Spetches, e.o.h.p d. 2 

Spiegeleisen, in bulk B 

Spiegeleisen, e.ch.p C 

Spile pegs d. 1 

Spindles, in boxes cL 3 

Spindles, e.o.h.p d. 4 

Spirits, in casks or cases d. 3 

Spirits, in hampers d. 4 

Spirits, e.o.h.p d. 5 



ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 



443 



Spirits of tar, in casks or iron 
drums el. 2 

Spirits of tar, e.ch.p cl. 4 

Spittoons cl. 3 

Splints, wood, for matclies . . . .cl. 3 

Sponges cl. 5 

Spoutings and connexions, iron or 
steel cl. 2 

Spring balances d. 3 

Springs, chair, sofa, mattress, 
door, or cart cl. 3 

^purs, not plated cl. 3 

Squeegees, for cleaning ships' 
decks, &c cl. 3 

Stable fittings, except enamelled, 
iron or steel cl. 2 

Stable fittings and mangers, iron, 
enamelled cl. 3 

Stag horns cl. 4 

Stair rods d. 3 

Stampings, iron or steel, rough, 
unfinished, not tinned or gal- 
vanised cl. 1 

Standards, for hurdles, iron and 
steel, packed C 

Standards, for hurdles, as above, 
not packed cl. 1 

Stannite of potash cl. 2 

Stannite of soda cl. 2 

Staples, iron cl. 1 

Staples, wire, for bookbinders cL 2 

Starch, in casks, cases, boxes, or 

bags cl. 2 

Stiuxih, e.o.h.p cl. 3 

Stationery, e.o.h.p d. 3 

Stays, not silk, for wearing 

apparel cl. 3 

Steam excavators or steam 

navvies d. 2 

Steam gauges d. 4 

Steam hammers cl. 1 

Stearine. cl. 1 



Steel bar3 and bundles cl. 2 

Steel, sheet d. 3 

Steel and iron, articles of. See 
under Iron. 

Steelyards cl. 3 

Stereotype casts d. 4 

Sticks, pea and bean C 

Stills, iron cl. 3 

Stills, copper d. 4 

Stirrups d. 3 

Stone and undressed material for 
repair of roads A 

Stone, wholly undressed, straight 
from a quarry A 

Stone, in the rough state, building, 
pitching, paving, curb, or flag B 

Stone, sawn or roughly wrought 

up, such as troughs or sinks . . C 

Stone, carved for building pur- 
poses d. 2 

Stone, decorative, carved for deco- 
rating the interior of buildings cl. 4 

Stone, blue, in casks, cases, boxes, 
or bags cl. 2 

Stone, blue, e.o.h.p d. 3 

Stone cutting and crushinff 
machines cL 1 

Stoves, gas or oil cl. 3 

Stoves, fireclay tile cl. 4 

Straw, hydraulic or steam press 
packed C 

Straw, machine pressed, TniTiimnTn 

40 cwt. per waggon d. 1 

Straw (not hydraulic or steam 
press packed or machine 
pressed), in full truck loads or 
in consignments of 20 cwt. . . d. 3 

Straw, e.o.h.p d. 4 

Strawberries, ripe (not hot- 
house) cl. 3 

Strawberries, in tubs for jam. .cl. 2 

Strawboard d. 1 



444 



ALPHABETICAL CLASSIFICATION. 



Strawboard cuttings, for paper 
making cl. 1 

Straw goods, including straw 
hats and straw bonnets . . . . cl. 5 

Straw plait d. 5 

Strickles, in boxes or cases . . cL 2 

Strickles, e.o.lL.p cl. 3 

Strips, iron or steel, not packed. . C 

Stucco, ground C 

Studs, iron or steel d. 1 

Stuff goods, in bales, packs, or 
trusses d. 3 

Stuff goods, e.o.li.p cl. 4 

Sud cake manure B 

Sugar, in bags, cases, or casks .d 1 

Sugar, e.o.h.p cl. 3 

Sugar candy cl. 3 

Sugar mats, old, for paper 
making C 

Sugar mills cl. 2 

Sugar nippers, except gold, silver, 

or plated cl. 3 

Sugar nippers, e.o.li.p cl. 6 

Sugar scum, for manure B 

Sulphate of alumina C 

Sulphate of ammonia C 

Sulphate of copper, for export, in 

10 ton lots C 

Sulphate of copper, e.o.h.p. . .cl. 1 

Sulphate of iron C 

Sulphate of lime C 

Sulphate of lime, waste A 

Sulphate of magnesia C 

Sulphate of potash B 

Sulphate of soda C 

Sulphur, crude or unmanufactured C 

Sulphur, e.o.h.p cl. 1 

Sulphur ore B 

Summer houses cl. 6 

Surat bagging, for paper 

making cl. 1 



Surgical instruments d. 5 

Swiurf (iron and steel) B 

Sweat scrapers, packed cl. 3 

Swing boats and hobby horses. cl. 4 

Syringes, garden d. 3 

Syrup, in casks d. 1 

Syrup, in cases, in tins, in bas- 
kets, or in stone bottles packed 

in crates or hampers d. 3 

Tables, cast iron or cast sted. .d. 4 
Tables, cast iron or sted, in 

parts cl. o 

Tabling, water, cement cL 1 

Tadcs cl. 3 

Talc cL3 

Tallow cL 1 

Tamarinds d. 3 

Tan oil, in casks or iron drums 
round or tapered at one end.d. 1 

Tan or spent bark B 

Tank plates (iron and steel) . . . . C 

Tanks cL 4 

Tap or mill cinder A 

Taper holders, metal cL 3 

Tapes d. 3 

Tapioca d. 2 

Tapioca flour cL 2 

Taps, brass d. 3 

Tar oil (mineral), in casks or iron 
drums round or tapered at one 

end d. 1 

Tares (grain) C 

Tares or wrappers for cotton 

bales d. 1 

Targets, iron or steel C 

Tarpaulins cL 2 

Tartar, liquid d. 2 

Tartaric acid d. 4 

Tea cl. 3 

Teazles d. 5 



ALPHABETICAL CLASSIFICATION OF liSRCHAMDISE TRAFFIC. 445 



Telegraph insulators, earthen- 
ware, packed cl. 1 

Telegraph instruments, packed .el. 4 

Telegraph posts (iron and steel) . . C 

Telegraph stores (iron and steel) — 
Blacked iron (cast) ridge 
chairs C 

Galranised and blacked earth 
plates in bundles C 

Galvanised and blacked iron 
loop rods C 

Galvanised and blacked screw 
tighteners, packed C 

Galvanised and blacked stay 
rods, in bundles C 

Gtilvanised and blacked stay 
tighteners C 

Iron poles, roofs, or caps . . . . C 

Malleable cast iron brackets, 
galvanised, packed C 

Telegraph stores — 

Wrought iron double swivels . d. 1 

Malleable cast iron double wall 
brackets cl. 1 

Malleable cast iron saddles . . cl. 1 

Telephone apparatus, packed, .cl. 4 

Telescopes cl. 6 

Teme metal cl. 2 

Terra alba C 

Terra-cotta blocks and bricks . . C 

Terra-cotta caps and stoppers .cl. 1 

Terrets cl. 3 

Textile fabrics, made of mixed 

cotton, linen, wool, or similar 

materials cl. 4 

Theatrical luggage cl. 4 

Thermometers cl. 5 

Thimbles, except gold, silver, or 
plated cl. 3 

Thimbles, e.o.h.p cl. 5 

Thread, cotton and linen . . . .cl. 3 

TUes, art cl. 4 



Tiles, paving, draining, roofing, 
or garden edging, common . . B 

Tiles (roofing, iron and steel), 
painted, galvanised, or ena- 
melled C 

Tiles, e.o.h.p. 



• • • • • 



• •••••••« 



Timber, actual machine weight. . C 

Timber, measurement weight, .d. 1 

Tin crystals cl. 4 

Tin, in blocks, cakes, or ingots cl. 2 

Tincal d. 2 

Tinfoil d. 2 

Tin liquor cl. 2 

Tinned iron, in sheets, not 

packed cl. 1 

Tin ore cl. 1 

Tin plates (iron and steel) . . . .cl. 1 

Tin ware, in casks or cases cl. 3 

Tin ware, e.o.h.p cl. 4 

Tip iron C 

Tips, brassed for boot heels . .cl. 3 

Toasting forks, iron or steel . . cl. 3 

Tobacco boxes, metal cl. 3 

Tobacco, cigars, and cigarettes .cl. 5 

Tobacco juice, in casks cl. 2 

Tobacco juice, e.o.h.p cl. 3 

Tobacco leaf, in hogsheads or 

tierces cl. 2 

Tobacco leaf, e.o.h.p cl. 3 

Tobacco, manufactured, except 
cigars and cigarettes cl. 4 

Tobacco stoves or presses . . . . cl. 2 

Tomatoes cl. 4 

Tonquin beans d. 5 

Tools, well boring and pit bor- 
ing cl. 2 

Tools, carpenters', coopers', edge, 
joiners,' masons', and ship- 
wrights' cl. 3 

Torchwick cl. 2 

Tortoiseshell cl. 6 

Tow, in bales, minimum 60 cwt. 
per waggon cl. 1 



446 



ALPHABETICAL CLASSIFICATION. 



Tow, in bales, e.o.h.p el. 2 

Tow, e.o.li.p el. 3 

Tow waste, hydraulic or steam 
press packed C 

Tow waste, for paper making, .d. 1 

Tow waste, e.o.h.p d. 2 

Toys, packed d. 3 

Toys, e.o.h.p cl. 4 

Tram couplings (iron and steel) d. 1 

Traps, sink and stench (iron and 
steel) cl. 1 

Traps, sink, brass or copper . .cl. 3 

Traps, vermin cL 3 

Trawl heads (iron and steel) . . . . C 

Trays, iron or sted cl. 3 

Treacle cl. 1 

Trellis work, wood, in bundles .d. 3 

Trenails C 

Trestles, wrought iron cl. 1 

Tricycles and velocipedes . . . .cl. 5 

Trivets, iron or steel d. 3 

Troughs, earthenware and fire- 
clay C 

Troughs, bakers', wooden . . . .cl. 3 

Troughs, cattle and other, iron 

or steel cl. 3 

Trousor stretchers, iron, port- 
able cl. 3 

Trout (fish) d. 4 

Trowels cl. 3 

Trunks cl. 6 

Trunnions, imfinished (iron and 

steel) C 

Tubes, brass or copper, except 

steam packed cl. 3 

Tubes, brass or copper, e.o.h.p. cl. 4 
Tubes, coated with brass . , . . cl. 2 

Tubes, electro coppered cl. 2 

Tubes, and fittings for tubes (iron 
and steel), except electro-cop- 
pered or coated with brass . . . . C 



Tubes, steam, brass or copper . d. 2 

Tubes, tin and zinc d. 4 

Tubing, brass or copper, 
e.o.h.p d. 4 

Tubs, iron d. 2 

Tubs, washing d. 3 

Tubs, wood d. 3 

Tue irons cl. 2 

Tun shoes for principals (roof- 
work, iron ana steel) C 

Turbot (fish, fresh) d. 4 

Turf B 

Turmeric d. 2 

Turnery ware d. 3 

Turnips, in bulk, for cattle feed- 
ing B 

Turnips, e.o.h.p C 

Turn tables, in parts C 

Turpentine^ crude, in casks . .d. 1 

Turpentine, spirits of, in casks or 
iron drums cl. 2 

Turpentine, spirits of, e.oJi.p. d. 5 

Turtle d. 6 

Twine d. 2 

Type d. 8 

Tyres and tyre bars, in the 
rough C 

Ultramarine d. 4 

Umber C 

Umbrellas cl. 4 

Umbrella fittings cl. 3 

Umbrella sticks, in the rough cL 2 

Umbrella sticks, e.o.h.p cL 4 

Umbrella stretchers cL 3 

Yalonia C 

Valves, brass d. 3 

Valves, goB or water, iron or 
steel d. 1 

Vans, commercial travellers' . . cl. 4 

Varnish, in casks or iron drums cl. 2 

Varnish, e.o.h.p cl. S 



ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 447 



Vaseline d. 3 

Vats d. 4 

Vegetable ivory cl. 3 

Vegetable tar C 

Vegetable wasliiBg machines, .cl. 4 

Vegetable wax cl. 2 

Vegetables; desiccated, for cattle 

food d. 1 

Vegetables, hothouse, packed, .d. 4 

Vegetables, in brine cl. 1 

Vegetables, not packed, e.o.h.p., 

minimum 20 cwt. per waggon cl. 1 
Vegetables, packed, e.o.h.p. . . cL 2 
Velvet cotton, in bales, packs, or 

trusses cl. 3 

Velvet, e.o.h.p cl. 6 

Veneers cl. 4 

Venison d. 4 

Ventilators, small, iron or brass, 

for bmldings, packed cL 3 

Ventilators, e.o.h.p cl. 6 

Verdigris d. 4 

Verjuice, in casks cl. 1 

Vermicelli cl. 3 

Vetches C 

Vices, iron or steel cl. 2 

Vinegar, in casks cl. 1 

Vinegar, in cases cl. 2 

Vinegar, e.o.h.p cl. 3 

Wadding, cotton '. . . . cl. 3 

Waggon bodies, in pieces, bound 

together cL 1 

Walking sticks, e.o.h.p d. 4 

Walking sticks, in the rough . . cl. 2 
Wall boxes (iron and steel) . . . . C 
Wall brackets (iron and steel) . . C 
Walnuts, green, and husks. . . .cl. 2 

Warps, except silk d. 4 

Washers, brass or coppers . , . .cl. 3 



Washers, iron or steel C 

Washers, leather cl. 2 

Washing and wringing machine 
rollers cl. 1 

Washing and wringing machines, 
packed d. 3 

Washing and wringing machines, 

not packed cl. 4 

Washing powder and paste . . cl. 1 

Wash leather cl. 3 

Washstand tops,marble, packed cl. 3 

Waste paper for paper making. . C 

Waste sulphate of lime A 

Watch glasses cl. 4 

Water cans (hollow ware) . . . . cl. 3 

Water meters cl. 3 

Weighing machines, large (those 
used for weighing railway 
and other vehides, and also 
cattle) cl. 2 

Weighing machines, small (those 

used for weighing packages 

and goods) cl. 3 

Weights C 

Weights, brass cl. 3 

Whalebone cl. 4 

Whale oil, in casks or iron drums 

round or tapered at one end . . cl. 1 

Wheat (grain) C 

Wheelbarrows, in parts cl. 1 

Wheelbarrows. And see under 

Builder's Implements cl. 3 

Wheels, cart and plough, iron or 

steel cl. 1 

Wheels, fly or spur cl. 1 

Wheels, wheelbarrow, iron or 

steel d. 1 

Wheels, rudder or steering, in 

cases, crates, or frames . . . .d. 3 
Wheels, rudder or steering, 

e.o.h.p cl. 4 



448 



Al.PHABETICAL CLASSIFICATION. 



Wheels, cart, coacli, or carriage cl. 4 

Whelks cl. 1 

Whetstones and honestones . . cl. 3 

Whisks, packed cl. 3 

Whitebait cl. 4 

White lead .'.cl. 1 

Whiting and whitening C 

Winches, hand cl. 1 

Winches, steam cl. 3 

Wind ties (roof work), principals, 

and purlins (iron and steel) . . C 
Window frames, iron, packed in 

cases cl. 2 

Window frames, iron, e.o.h.p. .cl. 3 

Window guards, iron cl. 1 

Window sashes, in frames, and 
shutters (joiners' work), com- 
mon wood d. 3 

Window shutters j iron or steel . . d. 2 

Wines, British, in casks cl. 2 

Wines, British, e.o.h.p. 
Wines, in casks or cases 
Wines, in hampers 



.cl. 3 
.d. 3 
.cl.4 

Wines, e o.h.p cl. 5 

Wire (of iron or steel, including 
tinned or galvanised), in 
wrapped coils or not otherwise 

packed C 

Wire, cotton covered, in casks, 
hampers, cases, and canvas 

covered coils cl. 2 

Wire, iron or steel, e.o.h.p. . .cl. 2 

Wire, lead cl. 2 

AVire, copper or brass, packed in 
cases or casks, or in bags . . cl. 3 

Wire, insulated cl. 4 

Wire, polished or needle cl. 4 

Wire gauze cl. 4 

Wire rope, old, cut in pieces 
(iron and steel) B 



Woad d. 1 

Wolfram C 

Wood, bent, rough, imfinished.d. 2 

Wood, bent, e.o.h.p cL 8 

Wood fibre, hydraulic or steam 

press packed C 

Wood fibre, in bales d. 1 

Wood pulpj or half stuff C 

Wood pulp, middles d. 1 

Wood treads, in frames, for 

stairs cL 1 

Wood turnings, for fish-curing. . C 
Wooden blocks, for paving . . . . C 
Wooden boxes, for packing tin 

plates C 

Woodwork, carved, for decorat- 
ing the interior of buildings . . d. 5 
Woodwork, for the manufacture 

of organs d. 4 

Woodwork, for the manufacture 

of pianos cL 4 

Wool, dressed or carded. . . . , .cL 8 

Wool, raw cL 2 

Wool or cloth oil, in casks or iron 
' drums roimd or tapered at one 

end d. 1 

WooUen and worsted goods, in 

bales, packs, or trusses . . . . cL 3 
Woollen and worsted goods, 

e.o.h.p cL 4 

Woollen doth, in bales, packs, or 

trusses cl. 3 

Woollen doth, e.ch.p cl. 4 

Wrought or cast iron skjbars . . C 

Xylonite d. 3 

Yam, twist, and. weft, cotton and 

linen, in bales, bags, wrappers, 

cases, boxes, skips, or casks cl. 2 
Yams, twist, and weft (except 

sHk) cl.S 



ALPHABETICAL CLASSIFICATION OF MBRCHANDISE TBAFFIC. 



449 



Teast, e.o.lLp. See also under 
Qroceries (mixed) cl. 4 

Teast, in bags, or in bags in 
baskets, hjdraulicpress packed, 
dry cl. 2 

Yellow metal bolts and naUs. .d. 2 

Yellow metal plates and sbeath- 
ing cl. 1 

Yellow metal rods cl. 2 

Yellow or Persian berries .... d. 3 



Yolk of eggs cl. 5 

Zinc ashes B 

Zinc bars cl. 2 

Zinc, carbonate of C 

Zinc ingots or plates C 

Zinc'ore B 

Zinc ridges cl. 1 

2jino sheets or rods C 

Zinc, white, or oxide of zinc . . . . C 



1). 



G a 



451 



APPENDIX A. 



Bailway and Canal Traffic Act, 1888. 



INCREASE OF RATES. 

OEDEE OF THE BOARD OF TRADE. 

[Sect. 33, sub-Beot. 6, of the Traffic Act, 1888.] 

1. Where a railway companj intend to increase any 
toll, rate, or charge published in the books required to be 
kept by the company for public inspection under sect. 14 
of the Regulation of Railways Act, 1873, and the Railway 
and Canal Traffic Act, 1888, notice of the intended in- 
crease shall, not less than fourteen days before the date on 
which the increased toll, rate, or charge is to take effect : 

(a) Be published once at least in one of the newspapers 

which has a circidation in the district, or in each of 
the several districts, comprising the stations or 
places the traffic at or between which is subject to 
the toll, rate, or charge which it is intended to in- 
crease; and 

(b) Be printed in large iype and posted and afterwards 
kept posted for a period of not less than twenty- 
eight days in a conspicuous place in each of the 
stations on the company's railway the traffic at or 
between which is subject to the said toll, rate, or 
charge. 

Provided that if a rate which it is intended to increase 
is one \mder which no merchandise traffic has been carried 
on the company's railway during the twelve months imme- 
diately preceding the date on which the intended increase 

QG 2 



452 Appendix A. 

of suoh rate is to take effect, no notioe of the intended 
increase need be published in any newspaper. 

2. The notice shall be in the form in the schedule hereto 
with any necessary additions, and shall specify with refer- 
ence to each altered toll, rate, or charge, the date on which 
it is to take effect. 

Signed, by order of the Board of Trade, this 25th day 
of January, 1889. 

COUKTENA'X BOITLE, 

Assistant Secretary, Bailway Department. 



SCHEDULE. 

Form of Notice of Increase of TollSy JRateSy and Charges. 

The Railway and Canal Traffic Act, 1888. 

The [name of company']^ 

Notice of Increase of Bates {Tolls and Charges). 

Notice is hereby given, pursuant to the Bailway and Canal 
Traffic Act, 1888, and tlie order of the Board of Trade thereunder, 
dated the day of , 1889, that the above-mentioned 

company intend to increase the under-mentioned of the rates (a) 
published in the books required by Act of Parliament to be kept 
for public inspection to the extent and in the manner under- 
mentioned, and that the altered rates are to come into force on the 
[state a date at least fourteen days later than tJie date of the notice']. 

Signed , 

Dated the day of , 1889. 

ALTEBATION OF BATES. 

[T?ie alteration must be in the manner which is most convenient^ 
having regard to the nature and number of the rates and the manner 
in which it is intended to alter them,] 

(a) If it is intended to alter toUs or charges this should be stated. 



X! 
P 






«1 



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SYNOPSIS OP 



MAXIMUM BATES. 



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ja^PENDlX I>. 



ENGLISH BAIL 

SYNOPSIS OF MAXIMUM 



KAILWAY COMPANY. 



Abbotsbiiry Ry. Co. &c. — 

Scale I. (ComwallMineralB & Frincetown) 
Scale n. (General) 



Class 1. 
Station Terminal, Is. 6d. 



First 

20 
Mfles. 



Brecon & Merthyr By. Co. &c. 



Cambrian By. Co. 



Cleator & Workington June. By. Co. &c- 

Scalel 

Scale II. (Cockermonth, &o. Co.) 

Scale ni. (Corns) 

Scale IV. (Severn A Wye) 

Scale Y. (Southwold) 



Next 

80 
Miles. 



East London By. Co.— 

Scale I 

Scale n. (Hounslow & Met.) 



Festiniog By. Co., &c. 



Fnmess By. Co 

Qreat Eastern By. Co 

Great Northern By. Co 

Great Western By. Co 

Hnll, Bamaley & W. Biding Juno. By. 
Isle of Wight By. Co. &o. 



. By. Co. / 



Lancashire & Yorkshire By. Co. — 

Scale I. (General) 

Scale II. (Preston and Longridge) 



London & North Western By. Co 

London ft South Western By. Co 

London, Brighton & South Coast By. Co.... ) 

London, Chatham ft Doyer By. Co ) 

London, Tilbury ft SouthendBy. Co. fto.... i 

Manchester, Sheffield ft Line. By. Co ; 

Metropolitan By. Co. ftc— 

Scale I. (Special) 

Scale n. (General) 



Midland Bail. Co , 

Midland ft South Westocn June. By. Co. ftc 

North Eastern By. Co 

North London By. Co , 

North Staffordshire By. Co 

South Eastern By. Co 

Taff Yale By. Co. ftc , 



Per ton 

per 

mile. 

d. 

S-60 
8-20 

8*20 

8*86 



8*80 
2-26 

•4-15 
8*80 

•800 



•2-60 
•2-86 

•8-40 

first 10m 
8-20 



first aOm 
8*80 



•8-86 

8*80 
•2-20 

8-80 

2-25 

8*85 

2-80 

•8*50 

880 

•2-70 
880 
8*26 
280 



Per ton 

■pn 

mile. 

<f. 

1*85 

1*86 

1*90 



1*86 



1*86 



1-86 

1*86 
1*90 

1*90 
1*86 



1*85 



1*86 
1*90 
1-85 



Next 

60 
Miles. 



Per ton 

per 

xnile. 

d, 

1-40 

1-40 

1*86 



1*40 



1*40 

1-40 
1*66 

1*66 
1-40 



1-40 



1-40 
1*66 
1*40 






Per ton 

per 

mile. 

d. 

1-76 
100 

1*00 

1*86 



1-86 
1-90 

1*86 



= 1 



1*40 



1*00 



1-00 

1-00 
1-86 

1*86 
1-00 



100 



1*00 
1*86 

100 



Class 2. 
Station Terminal, It. 6d, 



First 

80 
Miles. 



Next 

80 
Miles. 



Per ton I Per ton 



per 

nme. 

d. 

2-76 
2-66 

2*66 

2-75 



2-65 
8*76 

•4-ao 

2*65 
•8*86 



•8*75 

•2-76 

first 10m 
8-66 



first aOm 
8*66 



•8*76 

8*66 
•2-65 

8-66 

8*76 

8-76 

8*66 

•8*76 

8*66 

•8*00 
8*65 
8*76 
8*65 



mile. 
d. 

8-80 

8*80 

8*86 



Next 

60 
Milea. 



Per ton 

per 

nme. 

d. 

1*80 

1*80 

8-06 



11 
II 



8*80 



8-80 



8-80 

8*80 
8*36 

8*86 
8*80 



1-80 



1*80 

1*80 
8*06 

8-05 
1*80 



8*80 



8*80 
8-35 
8*80 



1-80 



1*80 
8-06 
1*80 



Per too 

mile. I 
d, 

8-35 
1*60 

1*50 

1*65 



8*80 
8-36 

8*80 



1*70 



1*60 



1-60 



rso 

1*65 
1-80 



1-50 

1-60 
1-65 

1*65 
1*50 



• This rate per ton per mile 



forill 



STNOFSIS OF MAXIMUM RATES. 



467 



WATS — eantinmd, 

RATES ClasseM 1, 2, 3, 4, and 5. 



Class 8. 

Station Terminal, It. 6^. 



First 

20 
Miles. 



Per ton 

per 

mile. 

d. 

3 10 
810 

3-10 

8*10 



3-10 
310 

•446 
310 

•3*60 



•3-10 

•310 

flmtlOm 
310 



flr»t20in 
310 



•8-10 

810 
•3-10 

8-10 

8*10 

8*10 

8'10 

•8-10 

810 

•8-25 
8-10 
810 
310 



Next 

80 
Milei. 



Per ton 

per 

mile. 

d. 

S'65 

S*66 

S-80 



S-66 



S-66 



S'6S 

2*66 
S-SO 

2*80 
2*65 



2-66 



2-66 
2-80 
2-66 



Next 

60 
Miles. 



Per 
ton 
perm. 
d, 

2-00 

2-00 

2*60 



o 

so 



Class 4. 

Station Terminal, 1«. 6^. 



Per 
ton 
perm. 
d. 
2-80 
1*80 

1-80 

2-10 



2-66 
2-80 

2-66 



200 



2-00 

200 
2-60 

2*60 
2*00 



2*00 



2-00 
2*60 



Firrt 

20 
MUes. 



1-76 



1-80 



1-80 

1-80 
2-10 

2*10 
1*80 



1-80 



1*80 
2-10 



2-00 1-80 



Next 

8U 
Miles. 



Per ton 

p«r 

mile. 

d. 

8-76 
8-60 

8-60 

8-76 



8-6 
8-76 

•460 
8-60 

•4-00 



•8-76 

•8*10 

first 10m 
8-60 



fint20m 
8-60 



8-76 

8-60 
•8-60 

8-60 

8-76 

8-76 

8-60 

•8'78 

8*60 

•8-76 
8-00 
8-76 
3-60 



Per ton 

P" 
mile. 

d. 

8*16 
8'16 
8-86 



8*16 



8*16 



8*16 

8-16 
8-86 

8-86 
8*16 



8-16 



8*16 
8*86 
315 



Next 

60 
Miles. 



Per 
ton 



o 



Per 

ton 



perm._p€rm. 
d. 

3*36 
220 



d. 

2-60 
2-60 
8-16 



2*60 



2-60 

2-60 
8-16 

8*16 
2*60 



2*60 



2-60 
8*16 

250 



2*20 
2-60 



8-15 
885 

816 



Class 5. 

Station Terminal, 1«. 6d. 



FiiHt 

20 
Miles. 



Next 

80 
Miles. 



2*20 



2-20 



2-20 

2*20 
2-60 

2*60 
2-20 



Per ton 

per 

mile. 

d. 

4-30 
4-80 

4-80 

4-80 



4-90 
4-80 

•6-0O 
4-80 

•5-00 



•480 

•8*10 

first 10m 
4-80 



first 20m 
430 



Per ton 

per 

mile. 

d. 

8-70 

8*70 

8*90 



2*20 



2-20 

2*50 
220 



•4-80 

4*30 
•4-30 

4-80 

4-80 

4*80 

4-80 

•4-80 

4-80 



•4-80 
4-80 
4*80 
4-80 



8*70 



8*70 



8-70 

8-70 
8-90 

8-90 
8*70 



8-70 



8-70 
8-90 
3-70 



Next 

60 
Miles. 



Per 

ton 

perm. 

d. 

826 

8*26 

8*80 



o 

II 



Per 
ton 
perm. 
d. 
890 
2*50 

2*60 

8-00 



8*70 
3-90 

8-70 



8*26 



Abbotsbiirj By. Co. 
&c. 

Brecon A Merthyr 

By. Co. &0, 
Cambrian By. Co. 



deator ft Working- 
ton Juno. By. Co. 
&c. 



8-26 


2*60 


8*26 


2-60 


826 


2-50 


8-80 


800 


8-80 


2-90 


3*26 


2 60 


8-26 


2-60 


8*26 


2-60 


8-80 


2*90 


8-26 


2-60 



East liondon By. Co. 
Festiniog By jCo. ftc. 



Fomess By. Co. 
Great Eastern By. 

Co. 
Great NorthemBy. 
Co. 
] Great Western By. 

Co. 
I Hull, Bamsley ft 
W. Biding By. 

Isle of Wight By. 
Co. &c. 

Lano. ft York. Bail. 
Co. 

London ft North 

Western By. Co. 
L. ft 8. W. By. Co. 

{London, Brighton 
ft 8. Coa^t By. 
Loiidon, Chatham 
ft Dover By. Co. 

(London, Tilbuiy 
ft Southend. 
Manchester, Shef. 
ft Lincoln. 

Metroix)., Scale I. 

(do. Scale II. 
Midland By. Co. 
Midland ft S. W. 
North Eastern. 



North London. 
North Staffordahire. 
South Eastern. 
TaffVale. 



^\^^ni*fm on the line to whioh it is ap^ioable. 



468 



3 



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J 



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OB 



Appendix B. 



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SYNOPSIS OF MAXIMT7M RATES. 



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Appendix B. 






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6 



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III* 



TABLB OF ALXiOWANCES. 



*0± 



TABLE showing where Companies are allowed to charge as for 

Distances other than the actual Mileage. 



ENGLISH RAILWAYS. 



1. 

Batiway Gompany 
empowered to owzge. 



Brecon k Merthyr Tydfil 
Jonotion. 



CSambzian ., 
Sast London 
Fumess .... 



If 



i> 



Great Western 



Lancashire & Yorkshire . . 



London k North Western 



>> 



»> 



London , Chatham & Dover 



if 



»> 



»i 



>» 



2. 

Portion of BailiraT in respect of whidi Company 
ia anthorised to chazve the Mileage appeal^ 
ing in Columns 8 and 4. 



Penarth and Jorpantan 




Jorpantau and Dolygear . . . . , 
Fontywaen and Deri Junction 



Barmouth Viaduct 

Camo and Llanbrynmair 



East London Bail way for Glasses A., B., & C. 

for other merchandise . 



it 



II 



Mirehouse Junction and Whiteharen Docks 
for traffic to and from the docks. 

Mirehouse Junction and Bransty Station, in- 
cluding Lonsdale works, for Glasses A. & B. 



Seyem Tunnel 



Extended line authorized by Manchester 
and Leeds Railway Act, 1839, and line 
connecting it with Lt, & T. By. Go.'s main 
line, or any part thereof. 



Runcorn Bridge 

Junction Railway authorized \yy Stoclqwrt, 

Disley, and Whaley Bridge Railway Act, 

1855. 
Sirhowy Railway (Glass A. traffic oanveyed 

less than 4 miles). 

Gity Lines Undertaking (West Street Juno. 

to EarJ Street). 
Victoria and Pimlico Railway (authorized by 

Act of 1853). 
Metropolitan Extension Line (Earl Street to 

Walworth Road). 



2 

7 

3 
11 

7 
8 

4 

2 

12 
2 



4. 

Chains. 



9 



2 
6 
6 



60 

70 
40 









40 


40 




60 



40 





NoTB. — 1 mile=80 ohain8=sl760 yards. 



462 



Appendix B. 



1. 

BaQii^^Coiinpany 
anpowered to otuucgs* 



London, Chatham & Dover 

Ludlow & Clee Hill 

{See AbbotsbnTj Sohed.) 

Manchester, Sheffield & 
Lincoln. 



If 



11 



Metropolitan 



i> 



>i 



>> 



>t 



>i 



II 



II 



Metropolitan District • • . 
{See East London 
Schedule.) 



a. 

Portion of BailwaT in rnpeot of which Oompuiy 
is authorised to diam tfao MEeage appeajy 
ing in Oolmnna 8 ana 4. 



Wandsworth Road to junction with Yiotoria 
and Fimlioo Bailwaj. 

Each of the two inclined planes leas than 
lin28. 




Bridge over Biver Trent (Olafls A.) 



II 



„ (Other traffic) 

Ordsall Lane and London Boad (Manchester 
South Junction and Altrinoham Bailwaj), 
or anj part thereof. 



Inner Circle, Mansion House to^ 
South Kensington, including 
junction to Biidiop's Boad. 

Mmories Junction to White- 
chapel,'and junction with Met. 
Dist. Bj. Co.'s Whitechapel 
Spur. 

North Curve junction line near 
Aldp^te. V 

Junction line with G. E. Bj. at ' 
Bishopsgate. 

Moorgate Street Station to junc- 
tions with G. N. By. and Mid. 
By. at King's Cross, and 
L. C. & D. By. at West Street 
and Snow Hill. 

Junction line with St. John's 
Wood at Baker Street. / 

Baker Street Station to^ 
Kingsbury, Neasden 
Station. 

Hammersmith and City 
Bailway. 



Ear 
distances 
under 
Smiles 



For 
distances 

OTep 

9 mileB, 

for eyery 

mile or 

fraction 

thereof, 

as for 



} 



Eor distances nnder | 
8 miles as for ) 

.For distances oree) 
8 nulOB for every I 
mile or f^nustioni 
thereof as for } 



aty Lines and Extensions — 

Jjdgate to Mansion House N 
Station. 

Minoiies Junction to White- 
chapel Junction. 

Junction near St. Mary's Cray 
to Whitechapel (Mile End), i 

Inner Circle, Mansion House ' 
to High Street, Kensington. 

Hammersmith Station to junc- 
tion with L. & S. W. By. 
at Sutland Boad. 



/ 



For 
distances 

under 
9 miles as 

For 
distances 

over 

2 miles, 

for every 

mile at 

part 

thereof, 

as for 



Id, per ton. 



mies. 
I 


8 



6 



6 
2 



6 



8 



CSiains. 



40 









NoTB.— 1 mile 80 chains 1760 yards. 



TABLE OF ALLOWaKCES. 



463 



1. 

BailwByCkim] 



tBxpomnd 



xnamaj 
todiaige. 



Metropolitan Dutiict . . . . 
(See East London 
Schedule.) 



9t 



»» 



ft 



»> 



»> 



>> 



North Eastern 

>> ••• • 

f) ••••■•••t« 

»> • •• • 

North Btaffordahire 

In reepeot of traffic to 
and from New North 
Staffordshire Ck>al 
and Iron Company's 
works. 
N. Wales Narrow Gkuge , . 
(See Festiniog, &c. 
Schedule.) 

II II 

Rhondda & Swansea Bay 
(See TafiF Vale Schedole.) 

Severn & ^7^ ^ Severn 
Bridge. (See Cleator & 
Woridngton Schedole.) 



2. 

Portion of Bailiray in respect of which OomiMuiy 
is onthozised to dune fhe Mileage ^ypear- 
ing in CoIqiiuib 8 ana 4. 



" A " Box, High Street, Ken- >^ 
sington, to junction near Ad- 
dison Boad. 

**B" Box, Gloucester Boad, to 
junction at West Bxompton 
Station. 

Junction at Earl's Court to 
ftammeramith Station. 

West Brompton Station to junc- 






tion near fntney Bridge. 



/ 



For 
distaaoes 

under 
Smiles as 

Fordia- ^ 

tanoea over 

Smiles, 

for ereiy 

mile or 

part 

thereof, 

as for 



High Level Bridge over River Tyne at New- 
castle. 

Bridge over River T3me at Sootswood 

Shildon Tunnel 



Any inclined plane not worked by an ordi- 
nary locomotive. 

Mr. Sneyd's Railway from New North Staf- 
fordshire Coal and Iron Company's pri- 
vate line to junction with main line at 
Chatterly. 



On the Bryngwyn branch (for traffic in com- 
pany's waggons) to and from the slate 
quarries. 

On main line between Glenraf on siding and 
Dinas for traffic in owners' waggons. 

Rhondda Tunnel 



Severn Bridge 



8. 

icaes. 



6 



2 



8 

1 



4. 
Chains. 



40 



20 



Adistanoe equal 
to the length 
of the inclined 
plane to be 
added. 

4 



6 

9 
4 
8 



20 



20 





Yards. 
1196 



IRISH RAILWAYS. 



Great Northern of Ireland 
(see Athenry and Ennis 
Schedule). 



»f 



It 



Railways authorized by BelfMt Central Acts, 
1864 to 1877, a fixed charge in addition to 
those mentioned in the Schedule, as for. . . . 

City of Dublin Junction Railway, to be cal- 
culated as 



NoTB. — 1 milesSO ohain8=sl760 yards. 



6 



8 



464 



Appendix B. 



SCOTCH RAILWAYS. 



1. 

Bailiray Company 
empowei^d to oiiaige. 



Galedonian 



i» 



i» 



North BritiBh 



yt 



>> 



If 



8. 

Fortion of Bailiray in respect of which Company 
is authorised to diazge the Mileage appeal^ 
ing in Columns 8 and 4. 



Bridge over Biyer Forth at Alloa 



For the purposes of Seals IV, 
Between Edinburgh and Glasgow . . 



»f 



Leith 
or I and Glasgow 
Qranton 



Tay Viaduct 



Forth Bridge Bailwaj for traffic between 
stationB sonth of Taj and places 25 miles 
south and east and 46 miles west of Batho 
Junction. 

Forth Bridge Railway for all other traffic . . 

Glasgow Tunnel indine 

Thrush Bush incline 



Balloohney incline . . . , 
Causeway End incline 



On Carlisle Extension between Langholm 
and Hawick. 



For the purposes qf Scale IV, 
Between Edinburgh and Glasgow . . 



If 



Leith 
or } and Glasgow 
Granton 



8. 

MQes. 



42 

46 

12 
14 



42 
46 



NoTB. — 1 mile — 80 ohains8Bl760 yards. 



4. 



24 







18 
16 



23 





3 


20 


2 


16 


1 


68 


1 


39 


25 











APPENDIX C. 

BBINO 

CERTAIN PROYISIONS OP PRIVATE, ACTS OP SCOTCH 

RAILWAY COMPANIES 

IN THE FOEEGOING SCHEDULES. 



Sect. 49 of the Caledonian Sf Scottish Central Bail- 
ways Amalgamation Act, 1865 (28 Sf 29 Vict, 
c. cclxxxvii) (a). 

^' The company shall from time to time when required by 
notice in writing by the magistrates of the cities of Edinburgh, 
Glasgow, or Perth, or of the royal burghs of StirKug or 
Dundee, as the case may be, or by the commissioners or board 
of police of the said cities or royal burghs respectively, or by 
the inspectors of any such commissioners or board, provide, 
within 24 hours after service of such notice, at their dung or 
manure siding at North Merchiston in Edinburgh, or Gashet- 
faulds. Saint BoUox, or Bridgeton in Glasgow, or at their 
station in Perth, or in Stirling, or in Dundee, as may be re- 
quired in such notice, a sufficient number of trucks to receive 
any quantity of dung or manure belonging to the said magis- 
trates, or commissioners, or board of police, not being less 
than 25 tons, which shall be specified in the said notice, and 
shall convey such dung or manure to any other station on the 
railways belonging to the company, not being less than three 



(a) Beferred to p. 348. 
D. H H 



466 Appendix 0. 

miles distant, or to any station beyond tlie said distance on any 
other railway directly communicating with those railways, which 
may be leased or worked by the company, upon payment of 
Hd. per ton per mile for distances under six miles, and of 1 d, 
per ton per mile for distances of six miles or upwards : pro- 
vided that the said magistrates, or commissioners, or the 
said board of police, shall provide persons to perform the 
duty of loading and unloading the said trucks, and shall, in 
case the said trucks are detained at either station for a longer 
period than 24 hours, pay demurrage at the rate of 6d. per 
truck for each day, or part of a day, thereafter." 



Sect. 63 of the Caledonian 6f Glasgow and South 
Western Railways {Kilmarnock Joint Line) Act, 
1869 (32 ^ 33 Vict. c. xcviii) {b). 

<< From and after the passing of this Act, the two companies, 
or either of them, notwithstanding anything in this Act con- 
tained, shall only be entitled to charge for the conveyance of 
city manure, as defined in the Glasgow Police Act, 1862 (c), 
on the joint line, the tolls, rates, and charges following, that 
is to say, a sum not exceeding ^d, per ton per mile, and if 
conveyed in waggons belonging to, or provided by, the two 
companies, or either of them, an additional sum of \d, per ton 
per mile : provided always, that for a less distance than 12 



(h) Beferred to p. 348. 

(e) In sect. 355 of the Glasgow Police Act, 1862 (25 k 26 Vict. c. ocIt), 
city manure is defined as meaning : — 

** Wiih the exception of horse, cow, and swine dang, and of the refuse 
of public slaughter-houses, and of breweries, tan works and chemical 
works, and of the ashes of any kiln, engfine, or furnace, all the dung, 
fulzie, soil, dirt, ashes, filth, and refuse made or found within the city, 
elsewhere than on any quay or other street, of which the solum belongs 
to the Clyde Navigation." 



SCOTCH RAILWAY ACTS. 46T 



miles the charge shall be as for 12 miles, and that the two com- 
panies, or either of them, shall not be bound to convey the said 
manure except in train loads of not less than 16 waggons." 



Sect. 41 of the Caledonian Railway [Further Powers) 
Act, 1862 (45 Vict. c. liii)(rf). 

'' From and after the passing of this Act, notwithstanding 
anything in any Act relating to the company, the company 
shall not be entitled to demand higher tolls and charges than 
\d. per ton per mile for the conveyance in waggons belonging 
to, or provided by, the magistrates and council of Glasgow, 
from any of the manure sidings in or near the city of Glas- 
gow, or from any siding in connexion with any storing yard 
outside the said city, which is at the time used exclusively by 
the said magistrates and council, upon any portion of the com- 
pany's railways, or upon any portion of those railways and of 
any other railways directly communicating therewith, which 
may be leased by the company, of city manure as defined in 
the Glasgow Police Act, 1866, or any other manure collected 
and dealt with by any department of the said magistrates and 
council, or removed from markets, slaughter-houses, stables, 
or other similar premises belonging to or occupied exclusively 
by them. Provided nevertheless, that if such manure be 
conveyed for a less distance than 12 miles, the company may 
charge as for 12 miles : provided also, that the company shall 
not be required to convey such manure at the said rate in 
quantities of less than 25 tons at a time." 

(iO Beferred to p. 348. 



hh2 



468 Appendix 0. 

Sect. 43 of the Glasgow 6f South Western Railway 
[Kilmarnock Direct) Act, 1865 (e). 

'^ From and after the passing of tliis Act the company shall, 
notwithstanding anything in any of the Acts relating to the 
company, be entitled to demand and charge for the conveyance 
of city manure as defined in the Glasgow Police Act, 1862 {/), 
on all or any portion of their railways, only the tolls, rates, 
and charges following, that is to say, a sum not exceeding id. 
per ton per mile, and if conveyed in waggons belonging to 
the company an additional charge of Id. per ton per mile : 
provided always, that for a less distance than 12 miles the 
charge shall be as for 12 miles, and the company shall not be 
bound to convey the said manure except in train loads of not 
less than 15 waggons." 



Sect. 64 of the North British Railway Consolidation 
Act, 1858 (21 ^ 22 Vict. c. cix)(y). 

Hequires the company to provide a piece of ground between 
18 ft. and 200 ft. from the north-east corner of the Edinburgh 
and Leith Gaslight Company's works for the deposit of refuse, 
and from time to time to remove the refuse therefrom ; but if 
they erect a loading bank within the same distance, the Gas- 
light Company are to empty the refuse into the trucks when 
empty trucks are in waiting. 

Sect. 55 deals with the distance the company's line is to be 
from the walls of the Gaslight Company's works, and requires 
the company to alter the existing siding of the Gaslight Com- 
pany *' so that the same may be continued and fitted to the 
line of rails to be used under this Act," and also to make 
compensation to the Commissioners for the Harbour and Dock 
of Leith for such part of the aforesaid space as does not 
belong to the company. 

(e) Referred to p. 368. 
(/) See note {e\ p. 466. 
(^) Referred to p. 361. 



SCOTCH RAILWAY ACTS. 469 



The North British Railway Consolidation Act, 1858 
(21 ^ 22 Vict. c. cix), s. 76 (h). 

''Provided always, that the company shall from time to 
time, when required by the magistrates and council of the 
city of Edinburgh, or their clerk or inspector, provide within 
24 hours thereafter, at the St. Margaret's Manure Station on 
the railway, a sufficient number of trucks to receive any 
quantity of dung or manure belonging to the said magistrates 
and council, not being less than 25 tons, which shall be speci- 
fied in the said notice, and shall convey such dung to any 
other station on the railway, not being less than three miles 
distant, or to any station beyond the said distance on a railway 
directly communicating therewith, and leased or worked by 
them, on the payment of lid, per ton per mile for distances 
under six miles, and of Id. per ton per mile for distances of 
six miles or upwards : provided the said magistrates and 
council shall provide persons to perform the duty of loading 
and unloading the said trucks, and shall, in case the said 
trucks are detained at either station for a longer period than 
24 hours, pay demurrage at the rate of 6d, per truck for each 
day or part of a day thereafter." 



Sect. 43 of the Edinburgh ^ Glasgow Railway ( Coat- 
bridge Branch) Act, 1865 (28 ^ 29 Vict. 
c. cccxxviii ) (e ). 

" From and after the passing of this Act the company shall, 
notwithstanding anything in any of the Acts relating to the 
company, be entitled to demand and charge for the conveyance 



(A) Referred to p. 361. 
(«) Befenedtop. 361. 



470 Appendix 0. 

of city manure as defined in the Glasgow Police Act, 1862 (J), 
on all or any portion of their railways, only the tolls, rates, 
and charges following, that is to say, a sum not exceeding ^d. 
per ton per mile, and if conveyed in waggons belonging to the 
company an additional sum of Id, per ton per mile : provided 
that for a less distance than 12 miles the charge shall be as 
for 12 miles, and that the company shall not be bound to 
convey such manure except in train loads of not less than 15 
waggons." 

{J) See note («), p. 466. 



APPENDIX D. 

SOME OP THE MORE IMPORTANT CONVEYANCE RATES 

WOBKED OUT 

FOE DISTANCES UP TO 200 MILES. 



In consequence of the complexity of many of the conveyance 
rates (many of them requiring four separate sums in multipli- 
cation, and one in addition), it has been thought desirable to 
give the more important rates worked out, so that the convey- 
ance rate for any distance up to 200 miles may be ascertained 
at a glance. 

In the following tables the more important rates in the 
various classes will be found arranged in order of magnitude. 

In selecting the rates to be worked out only the more com- 
plex have been chosen, and so all rates which are the same 
for all distances, and only require a single process of multipli- 
cation in order to ascertain them have been omitted. 

The figures opposite the mileage distances give the convey- 
ance rates only, so that all terminals and special charges, such 
as charges for collection and delivery, &c., must be added to 
them in order to arrive at the gross maximum chargeable. 



472 












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pH 


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rH 


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r-l 


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PH 


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pH 


M 


s 


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*=* 


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t* 


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pH 


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PH 


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pH 


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r-l 


» 




to 


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t* 


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pH 


pH 


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t* 


r- 


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r* 


t* 


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m 

r^ ^•kA#k«k«k«k*k»kV^ak»»«k*^M^M«k«k»«k«k^»k^^^^^ 

2 •k«k«k«kak«kak*k«k*k«kM*k*k*k»kM«kn«kMWMak*'*knM*k 

— ic4eo-<4«tocor^ooa>o^e4cO'^»ocot»ooa>Op-i'c>ieo^udcob<-coo>o 
t>-t»t>-t<-r<>t>-t<-r«t«ooooooaoooaoooaoooooAa>a»o&a»aa>0)aiC)o 



H^^-wa»Of^OlHC4rac4co^>o^^»do6»o•-4•^c4ra^lOO^<-ao6»o 

V pH pH pH pH 

• <N«c<»c^ci«cococoeocoeococoeoeocococoi<*i<*^i<*^^"^^i<*^'* 

s . _ 



ts 



I ::::::::::::::::::::::::::::: : 

1 S 

_» r3 •k«k«k«k«»»»»k«k«k*»>»k«k«»»^»>»kr.*^»>«»*»»*»»'"'«« 

Q 3 ^•k«k»»»k«>»k«k»k»k»k»k»»»k»k»»*">»k»k»k«k»k»>«k»k»k»kW. 

"t2«-ie«cO'*»ocot^ooo»OpH©»coii«»ocob«»ooo>Op-ic<ico-^»c«or«»ooo>o 
HC^c^oic<ic<MCsio»c«cocococococoeoeococoi<*'*^^^^"«*'*"«*^»o 

D. II 



482 App. D. CI. A. (a) First lO.l-'TM.—next 10..1-25rf., Ac. 



CO 












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lO wd to r« 



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00 00 A O 



•O lO « M o « to 

O M • 4 O « M 

• * • • • • • 

O pH r-t O •-••-< C4 



lO lO »o »o 



J 

<^kO«otoaDa»o«-^Mco'^to«Dk^aoc»o 

lO >0 lO ^ ^ kO C0 CO CO O CO ^ VO <0 (O CO c^ 



^.S9S83S5 



SS39SSSS9 S 



CO CO CO CO CO 00 CO CO CO CO 00 



g^Sioco t«t<-ooooo> 

&9 i : : : 
o 

tj :::::::::::::::::: 

Hi'". 

g .q 3 •»«kak«k»«kak««ak*k«»«»a»akak«k a^ 

cor^aoo»o«-^e4eo^ud«ot«aoa»Oi-^C9 co 
coeoeoco-^^^^'4«^^^^^>o»o»o lo 



I 




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r*doa»«^oAiOoAie4 



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w^ w~\ e^ 



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c4e4C4e4C4e4c^coeoeocoeocoeoco 



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C«C4C>4C«C«C«O«C4eO0OCOCOCO0O 



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o o o 



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<0 00 C» O '^ •"• d 



M M 



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s a 



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»-« C4 CO ^ «e «D r« 



(b) First 10..1-75d.—nett 10..1-2!id.— next 10..0-75d.—re»t 050d. 483 






I 



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<cr-aoc»o^e4co-^to«ot<-aoAO 



^I^S^.S S S S S S 

3B^c4C4coeo^-^ieto to «ob*t«aoao o 



f 



cocoeocoeoeoco eo coco 



o» 

00 00 CO CO 



<M * 



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8 



r^ ^ ^ ^ *o to t^ oo A 
cocoeocoeoeoco co eo 



•-4 04 eo "^^ ko 



. S 8 S ? 

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1 . 

S *• e« o e« M o 



je4C4C4C4C4c40«cocoeo 



if 



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tt t^ 00 Ok O 
1-4 ^4 ^^ ^4 04 



1 J 
2l = 

1 



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O40404oic<«oie40)c«eo 



fc " ^ eo ift 



le e lo lA e 

•- lo ei «• 2 

■ ••••• 

00 O O 04 00 lO 



8 S 



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• • • ^^ 

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•Mo«co^io«ot<-ooa»o 



a ^ 

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pH 04 CO ^ lO 



Tl2 



484 



Appendix D. 



CbmB. 



s . 



Hid 



Q 
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s 



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s 



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1 

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d 



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^ p««*oooooooooooooooo 

5 "p 



5 <=> 

e IS 



s 




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Is.." 








S$8 SSSS 3S9S SSS8 



«Oie»0»0»OiO*0»OUdiOK3(00*0 



kO to lO ^ to to O O )0 CO O XO CO ^ <D to CO ^ CO t^ 



•* S S 3 S S 



.M0(^ ^cist; ,m8i> .«!3!> ^SS? 

•**000000000«-^fHi-ifHfHi-4«MtHi~ii 



c« 



i^e4eo^»0(otoooao<-ie4eo^tocor»aoaft0 



tirst 20..V25d.—next 30A'00d.—iiext 50..0'80d..— rest O'bOd. 486 



o o 



s s 



S.SSS3SSSSS 



r-* ^ ^ r-i OH ^ ^ 






S,g.SS.g.8.8.S.S.S.S.8.S.8.8 



00 a0a00000A0>0kaftA0k0kA0kA0>0>AA0>0ftAAA0>AA0kakO 



a 

•^ 04 eo ^ kO CO t« 



aoo»o^c4eo^u9«0»^ooa» 
c^e4C4<MC4c<«e4c<eseoeoeoo9n8oeoeoeoe4 



•-^Meo^tctor^aoAO 



»o 



SS8S .SS88 .8888 .8888 .8838 .8888 



*C<0*0<0'C*<&St>^<0*0'0<0<0'0'0^ 



!-■ « 00 ^ 



iO(0»^aoa»o<-ic4eo^iO(Ot^aoa60<-4C4eO'^»0(Ot>-aoo»o 
t<w fe«* t>«t^K>woocoaoooQOQOooaoooooo>ofta)o>o>o>o>o>OdCbO 



s 



I? 

i 



c4e9'<4«^«ot^aoo»Oi-HO^e4eO'<4«ic«DKoaoo>OpHO'^e«co^«ocot<« 



o«c4C4c«e9e^e«c4C4e4coeoeoeoeoeocoeoeoeoeoeo 



^1 

CO H 

1 



•-ic4eo-^»o<ot*aoo»Or-<e4co-<«««o<ot^aoo&o 
c4C4e4CiC9C«C4C4C4eoeoeoeocQeoe»3eocoeO'^ 



C9o0'<4«io«oi^eoao 



486 



Appendix D. 



Class B. 



CD 



§ S 



<5 






•♦k* 



<3 



CQ 



n 

GO 
00 



0) 

1 

I 



d 

s 



S 



fiq 


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